§Why CasetextPricing

Reginald Whitley et al v. Whirlpool Corporation

NOTICE OF MOTION AND MOTION to Dismiss Case

33 Cited authorities

  1. 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

  2. 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

  3. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,464 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  4. Wilson v. Hewlett–Packard Co.

    668 F.3d 1136 (9th Cir. 2012)   Cited 824 times   5 Legal Analyses
    Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard

  5. Daugherty v. American Honda Motor Co., Inc.

    144 Cal.App.4th 824 (Cal. Ct. App. 2006)   Cited 577 times   7 Legal Analyses
    Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

  6. Berryman v. Merit Property Mgt.

    152 Cal.App.4th 1544 (Cal. Ct. App. 2007)   Cited 395 times
    Holding "[u]nder its 'unlawful' prong, the UCL borrows violations of other laws . . . and makes those unlawful practices actionable under the UCL"

  7. Rutherford Holdings, LLC v. Plaza Del Rey

    223 Cal.App.4th 221 (Cal. Ct. App. 2014)   Cited 260 times
    Holding that the plaintiff could not state a claim for conversion because it neither owned nor possessed a $3-million deposit it paid to the defendant, and because it transferred title to the deposit at the time of payment, despite separate contractual rights to recovery of the deposit

  8. Tietsworth v. Sears

    720 F. Supp. 2d 1123 (N.D. Cal. 2010)   Cited 171 times
    Holding that omitted information about a defect in washing machines that caused consumers to pay large repair bills was material under CLRA

  9. In re Sony Grand Wega KDF-E A10/A20 Series Rear Projection HDTV Television Litigation

    758 F. Supp. 2d 1077 (S.D. Cal. 2010)   Cited 124 times
    Holding that defendant was free to move for dismissal of entire amended complaint, including claim that had already withstood a previous motion to dismiss

  10. California Medical Assn. v. Aetna U.S. Healthcare of California, Inc.

    94 Cal.App.4th 151 (Cal. Ct. App. 2001)   Cited 156 times   3 Legal Analyses
    Holding "action for unjust enrichment does not lie where . . . express binding agreements exist and define the parties' rights"; characterizing claim based on unjust enrichment as "quasi-contract" claim

  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 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

  12. 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. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,266 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 1791.1 - Implied warranty of merchantability; implied warranty of fitness

    Cal. Civ. Code § 1791.1   Cited 311 times   2 Legal Analyses
    Extending express warranty remedies to implied warranty

  16. Section 1791 - [Effective Until 1/1/2025] Generally

    Cal. Civ. Code § 1791   Cited 72 times   3 Legal Analyses
    Defining the class of protected consumer goods as "any new product or part thereof"