30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,507 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  4. E.E.O.C. v. Concentra Health

    496 F.3d 773 (7th Cir. 2007)   Cited 2,770 times   2 Legal Analyses
    Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity
  5. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,704 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"
  6. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,689 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim
  7. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 965 times
    Setting forth elements of a FHA claim
  8. Barron v. Reich

    13 F.3d 1370 (9th Cir. 1994)   Cited 982 times
    Holding that a statute's use of the word "may," unlike the word "shall," generally confers discretion on the agency
  9. Lozano v. Wireless Servs.

    504 F.3d 718 (9th Cir. 2007)   Cited 609 times   3 Legal Analyses
    Holding that "the law on predominance requires the district court to consider variations in state law when a class action involves multiple jurisdictions"
  10. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 570 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"
  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 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
  12. 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. . . ."
  13. Section 1794 - Action by buyer for damages and other legal and equitable relief

    Cal. Civ. Code § 1794   Cited 663 times   1 Legal Analyses
    Describing damages for breach of an implied warranty "[w]here the buyer has rightfully rejected or justifiably revoked acceptance of the goods"
  14. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 289 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  15. Section 1752 - Remedies in addition to other remedies or procedures

    Cal. Civ. Code § 1752   Cited 50 times

    The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by any section of this title shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law. Nothing in this title shall limit any other statutory or any common law rights of the Attorney General or any other person to bring class actions. Class actions by consumers brought under the specific provisions