§Why CasetextPricing

Sigma Financial Corporation v. Gotham Insurance Company et al

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,933 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

  3. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,600 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,358 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,961 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”

  6. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,352 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  7. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,805 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

  8. Olsen v. Idaho State Bd. of Medicine

    363 F.3d 916 (9th Cir. 2004)   Cited 1,014 times
    Holding that members of Idaho State Board of Medicine, their staff, and their counsel were entitled to absolute immunity under Butz and Mishler

  9. Adams v. Johnson

    355 F.3d 1179 (9th Cir. 2004)   Cited 1,006 times   1 Legal Analyses
    Holding that Bivens relief is unavailable against IRS auditors for conducting tax assessments and collections

  10. Skilstaf, Inc. v. CVS Caremark Corp.

    669 F.3d 1005 (9th Cir. 2012)   Cited 302 times   3 Legal Analyses
    Holding that issue preclusion applied where the first district court "necessarily had to adjudicate" the same objections the same litigant raised in the second district court

  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 361,619 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 163,952 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,136 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,777 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."