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Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

MOTION to Dismiss DVD Copy Control Association, Inc.'s Second Counterclaim

13 Cited authorities

  1. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,568 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  2. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,666 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  3. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,249 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

  4. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,041 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

  5. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,742 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  6. Badie v. Bank of America

    67 Cal.App.4th 779 (Cal. Ct. App. 1998)   Cited 1,265 times   1 Legal Analyses
    Holding that a credit card company could not introduce an alternative dispute resolution provision through a "bill stuffer" where nothing in the original agreement mentioned dispute resolution

  7. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 925 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  8. Graham v. Scissor-Tail, Inc.

    28 Cal.3d 807 (Cal. 1981)   Cited 294 times
    Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"

  9. Intershop Communications v. Superior Court

    104 Cal.App.4th 191 (Cal. Ct. App. 2002)   Cited 118 times   1 Legal Analyses
    Holding that " forum selection clause within an adhesion contract will be enforced as long as the clause provided adequate notice to the party that he was agreeing to the jurisdiction cited in the contract."

  10. Tahoe National Bank v. Phillips

    4 Cal.3d 11 (Cal. 1971)   Cited 196 times
    In Tahoe National Bank v. Phillips, 4 Cal.3d 11, 92 Cal.Rptr. 704, 480 P.2d 320 (1971), the court held that an "Assignment of Rents and Agreement Not to Sell or Encumber Real Property," which was in all material respects identical to the document Mrs. Browne signed, was not reasonably susceptible to the construction that it created a lien in the property identified.

  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 345,620 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss