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Shames et al v. Hertz Corporation et al

REPLY to Response to Motion re MOTION to Dismiss the First Amended Complaint

22 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,287 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,480 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. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,874 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public

  5. Van Buskirk v. Cable News Network, Inc.

    284 F.3d 977 (9th Cir. 2002)   Cited 1,010 times
    Holding that the Ninth Circuit's "incorporation by reference" rule allows a court to look beyond the face of the complaint without converting a Rule 12(b) motion to dismiss to a motion for summary judgment

  6. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 599 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  7. Lavie v. Procter & Gamble Co.

    105 Cal.App.4th 496 (Cal. Ct. App. 2003)   Cited 342 times   14 Legal Analyses
    Holding that the phrase "likely to deceive" "indicates that the ad [or conduct] is such that it is probable that a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled"

  8. IN RE CITRIC ACID LITIGATION

    191 F.3d 1090 (9th Cir. 1999)   Cited 335 times   1 Legal Analyses
    Holding evidence of trade association membership without factual allegations that members used associations for illegal ends did not "tend to exclude the possibility of legitimate behavior"

  9. Decker v. Massey-Ferguson, Ltd.

    681 F.2d 111 (2d Cir. 1982)   Cited 450 times
    Holding that allegations concerning violations of general accounting principles do not satisfy the requirements of Rule 9(b)

  10. Lee v. American Nat. Ins. Co.

    260 F.3d 997 (9th Cir. 2001)   Cited 242 times   1 Legal Analyses
    Holding that an uninjured plaintiff who may have had a state cause of action under the UCL was "foreclosed from litigating the same cause of action in federal court, [because] he cannot demonstrate the requisite injury"

  11. 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

  12. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 993 times   4 Legal Analyses
    Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

  13. Section 1936.01 - [Repealed]

    Cal. Civ. Code § 1936.01   Cited 5 times

    Ca. Civ. Code § 1936.01 Repealed by Stats 2015 ch 333 (AB 675),s 3, eff. 1/1/2016. Amended by Stats 2014 ch 417 (AB 1981),s 2, eff. 1/1/2015. Amended by Stats 2014 ch 401 (AB 2763),s 3, eff. 1/1/2015. Added by Stats 2006 ch 790 (AB 2592),s 1, eff. 1/1/2007.

  14. Section 13995.65 - Committees established by industry categories; resolution; industry segment allocation; assessment bills; appeal of assessment; passing assessment to customers; assessment for business with revenue in more than one category

    Cal. Gov. Code § 13995.65   Cited 1 times

    (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formula for each industry segment, and any types of business exempt from assessment. The initial segment committees shall consist of the subcommittee for that category as described in subdivision (d) of Section 13995.30. Following approval of the assessment by referendum, the committees shall be selected by the commission, based upon recommendations from the

  15. Section 13995.90 - Defense to action or proceeding

    Cal. Gov. Code § 13995.90   Cited 1 times

    In any civil or criminal action or proceeding for violation of any of the following, proof that the act that is complained of was done in compliance with the provisions of this chapter is a complete defense to the action or proceeding: (a) The Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code. (b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (c)