§Why CasetextPricing

Salameh et al v. Tarsadia Hotel et al

MOTION to Dismiss First Amended Complaint for Alleged Violation of Federal and State Securities Laws

7 Cited authorities

  1. 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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  2. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  3. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  4. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 844 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  5. Section 25501 - Liability of person who violates Section 25401

    Cal. Corp. Code § 25501   Cited 109 times
    In section 25501 the Legislature did just that in these words: 'Any person who violates Section 25401 shall be liable to the person who purchases a security from him or sells a security to him....' (§ 25501, italics added.)

  6. Section 25504.1 - Liability of person who materially assists in violation

    Cal. Corp. Code § 25504.1   Cited 84 times   1 Legal Analyses
    Requiring that the person who materially assists a primary violation act with intent to deceive or defraud

  7. Section 25503 - Liability to person acquiring security sold in violation of law

    Cal. Corp. Code § 25503   Cited 72 times   1 Legal Analyses

    Any person who violates Section 25110, 25130, or 25133, or a condition of qualification under Chapter 2 (commencing with Section 25110) of this part, imposed pursuant to Section 25141, or an order suspending trading issued pursuant to Section 25219, shall be liable to any person acquiring from them the security sold in violation of that section, who may sue to recover the consideration they paid for that security with interest thereon at the legal rate, and reasonable attorney's fees, less the amount