26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Simon v. E. Ky. Welfare Rights Org.
426 U.S. 26 (1976) Cited 3,264 times 6 Legal Analyses
Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
Murphy v. Kenneth Cole Productions Inc.
40 Cal.4th 1094 (Cal. 2007) Cited 521 times 19 Legal Analyses
Holding that California Labor Code claims have a three-year statute of limitations
Jablon v. Dean Witter Co.
614 F.2d 677 (9th Cir. 1980) Cited 851 times
Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled
Reynolds v. Bement
36 Cal.4th 1075 (Cal. 2005) Cited 273 times 9 Legal Analyses
Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise
In re Wal-Mart Stores, Inc., Wage Hour Lit.
505 F. Supp. 2d 609 (N.D. Cal. 2007) Cited 224 times
Holding that the defendant's motions to dismiss or strike the class allegations are premature" where the defendant had not answered the complaint, discovery had not yet commenced, and no motion for class certification had been filed
Thurman v. Bayshore Transit Management, Inc.
203 Cal.App.4th 1112 (Cal. Ct. App. 2012) Cited 147 times
Finding that a civil penalty "consists of both the $50 or $100 penalty amount and any underpaid wages"
Tomlinson v. Indymac Bank, F.S.B.
359 F. Supp. 2d 891 (C.D. Cal. 2005) Cited 44 times 1 Legal Analyses
Holding that § 203 payments cannot be brought under the UCL as "if it is not payment for work done it is not fairly characterized as restitution"
Renick v. Dun & Bradstreet Receivable Management Services
290 F.3d 1055 (9th Cir. 2002) Cited 42 times
Holding that a communication "was not misleading even to the least sophisticated debtor"
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,266 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver
Cal. Code Civ. Proc. § 340 Cited 1,586 times 4 Legal Analyses
Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 204 - Payment of wages; frequency
Cal. Lab. Code § 204 Cited 682 times 20 Legal Analyses
Requiring semi-monthly payments within specified dates for work performed within specified dates
Section 1174 - Duties of employers
Cal. Lab. Code § 1174 Cited 390 times 2 Legal Analyses
Requiring employers to keep payroll records of hours worked daily by employees
Section 1197.1 - Liability of employer or other person; citation issued
Cal. Lab. Code § 1197.1 Cited 313 times 4 Legal Analyses
Granting all rights under the section to the Labor Commissioner

Phyllis Franke v. Anderson Merchandisers Llc

26 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that California Labor Code claims have a three-year statute of limitations

Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled

Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise

Holding that the defendant's motions to dismiss or strike the class allegations are premature" where the defendant had not answered the complaint, discovery had not yet commenced, and no motion for class certification had been filed

Finding that a civil penalty "consists of both the $50 or $100 penalty amount and any underpaid wages"

Holding that § 203 payments cannot be brought under the UCL as "if it is not payment for work done it is not fairly characterized as restitution"

Holding that a communication "was not misleading even to the least sophisticated debtor"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Prohibiting unlawful business practices

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Requiring semi-monthly payments within specified dates for work performed within specified dates

Requiring employers to keep payroll records of hours worked daily by employees

Granting all rights under the section to the Labor Commissioner