§Why CasetextPricing

Patrick Quiroz et al v. Sabatino Truffles New York, Llc et al

NOTICE OF MOTION AND MOTION to Dismiss the Complaint

77 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,584 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 20,346 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,488 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  6. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,635 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  7. Blum v. Yaretsky

    457 U.S. 991 (1982)   Cited 2,883 times   7 Legal Analyses
    Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function

  8. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,825 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

  9. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,370 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  10. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,956 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,632 times   9 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,555 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  15. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,588 times   37 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"

  16. Section 5524 - Two year limitation

    42 Pa. C.S. § 5524   Cited 2,300 times   2 Legal Analyses
    Setting a two-year limitations period

  17. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,553 times
    Establishing three-year statute of limitations for California fraud claim

  18. Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

    Cal. Code Civ. Proc. § 339   Cited 1,532 times   1 Legal Analyses
    Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

  19. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 998 times   4 Legal Analyses
    Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

  20. Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

    Cal. Civ. Code § 1780   Cited 663 times   5 Legal Analyses
    Granting standing to consumers who have suffered damage "as a result of" a violation