73 Cited authorities

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
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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,380 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Buckhannon Board Care Home v. West Va. D.H.H.R
532 U.S. 598 (2001) Cited 3,946 times 17 Legal Analyses
Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,972 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Abrego Abrego v. the Dow Chemical Co.
443 F.3d 676 (9th Cir. 2006) Cited 4,580 times 15 Legal Analyses
Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,302 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,958 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"
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,624 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,705 times 17 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
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
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,446 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 1624 - Contracts deemed invalid unless note or memorandum in writing
Cal. Civ. Code § 1624 Cited 1,327 times 5 Legal Analyses
Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,056 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 1,015 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
Section 526 - Cases in which injunction granted; cases in which injunction not granted
Cal. Code Civ. Proc. § 526 Cited 464 times
Providing an exception for a personal services contract not germane here
Section 3390 - Obligations not specifically enforced
Cal. Civ. Code § 3390 Cited 199 times
Stating that an obligation cannot be enforced where the terms of the agreement "are not sufficiently certain to make the precise act which is to be done clearly ascertainable"

Robinson v. Ocwen Loan Servicing, LLC

73 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

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"

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

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

Prohibiting unlawful business practices

Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Providing an exception for a personal services contract not germane here

Stating that an obligation cannot be enforced where the terms of the agreement "are not sufficiently certain to make the precise act which is to be done clearly ascertainable"