16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,259 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  4. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  5. Mirkin v. Wasserman

    5 Cal.4th 1082 (Cal. 1993)   Cited 406 times   5 Legal Analyses
    Holding that in a class action, plaintiffs need only plead and prove actual reliance for the named plaintiffs and, if done, actual reliance will be presumed for the rest of the class
  6. McWilliams v. City of Long Beach

    56 Cal.4th 613 (Cal. 2013)   Cited 71 times
    In Long, for example, the court found that the defendant had solicited business in California (the forum state) not only because he called the plaintiff in California and entered into an oral agreement whereby the plaintiff would recruit players for the defendant but also because the defendant entered into that agreement in order to develop a “presence” in California.
  7. Woosley v. State of California

    3 Cal.4th 758 (Cal. 1992)   Cited 117 times
    In Woosley, supra, 3 Cal.4th 758, 794, 13 Cal.Rptr.2d 30, 838 P.2d 758, we reaffirmed the principle that "[t]he circumstance that our decision overrules prior decisions of the Courts of Appeal does not in itself justify prospective application."
  8. N. Cty. Comms. v. CA Catalog Tech

    594 F.3d 1149 (9th Cir. 2010)   Cited 44 times
    Holding that “[t]he district court lacked subject matter jurisdiction ... as North County cannot establish a private right to compensation under the provisions of the Federal Communications Act”
  9. Ardon v. City of Los Angeles

    52 Cal.4th 241 (Cal. 2011)   Cited 28 times
    Discussing substantial compliance under the CGCA
  10. Nortel Networks Inc. v. Board of Equalization

    191 Cal.App.4th 1259 (Cal. Ct. App. 2011)   Cited 11 times   5 Legal Analyses
    In Nortel Networks Inc. v. State Board of Equalization (2011) 191 Cal.App.4th 1259, 119 Cal.Rptr.3d 905 (Nortel), we held that an almost identical transaction satisfied the requirements of California's technology transfer agreement statutes (Rev. & Tax. Code, §§ 6011, subd. (c)(10) & 6012, subd. (c)(10)) and, as such, the manufacturer was responsible for paying sales taxes only on the tangible portions of the transaction (the equipment and instructions), but not the intangible portions (the software and rights to copy and use it).
  11. Section 201 - Service and charges

    47 U.S.C. § 201   Cited 709 times   11 Legal Analyses
    Granting rulemaking authority
  12. Section 18 - Actual or construction notice

    Cal. Civ. Code § 18   Cited 71 times

    Notice is: 1. Actual-which consists in express information of a fact; or, 2. Constructive-which is imputed by law. Ca. Civ. Code § 18 Enacted 1872.

  13. Section 1656.1 - Addition of sales tax reimbursement to sales price

    Cal. Civ. Code § 1656.1   Cited 28 times
    Establishing a presumption that a customer agrees to "reimburse" the retailer for the sales tax if, among other possibilities, the amount of the tax is shown on the customer's receipt
  14. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,152 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or