35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 times 367 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' "
Lopez v. Smith
203 F.3d 1122 (9th Cir. 2000) Cited 24,032 times 1 Legal Analyses
Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,920 times 4 Legal Analyses
Holding that a court need not accept as true "allegations that are merely conclusory"
Gorman v. Wolpoff & Abramson, Llp
584 F.3d 1147 (9th Cir. 2009) Cited 891 times 4 Legal Analyses
Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)
In re Bloom
875 F.2d 224 (9th Cir. 1989) Cited 362 times
Holding that a motion to withdraw the reference violated § 362
Progressive West Ins. Co. v. Superior Court
135 Cal.App.4th 263 (Cal. Ct. App. 2005) Cited 142 times
Holding that the insured could not state a claim for breach of the implied covenant without showing the withholding of a benefit that was in fact due under the contract
Drew v. Equifax Information Services, LLC
690 F.3d 1100 (9th Cir. 2012) Cited 108 times 3 Legal Analyses
Holding that plaintiff "alleged sufficient cognizable damages to survive summary judgment [as to his FCRA claims]"
Ticconi v. Blue Shield of California
160 Cal.App.4th 528 (Cal. Ct. App. 2008) Cited 72 times
Holding defense of unclean hands does not apply to an action under the unfair competition law (Bus. & Prof. Code, § 17200 et seq. )
In re Sagent Technology, Inc., Derivative Litigation
278 F. Supp. 2d 1079 (N.D. Cal. 2003) Cited 82 times 5 Legal Analyses
Applying Delaware law
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,506 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 69,731 times 123 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 48,898 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,098 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,530 times 175 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,245 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,923 times 315 Legal Analyses
Prohibiting unlawful business practices
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,145 times 48 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,601 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Skyrud v. Experian Information Solutions, Inc. et al

35 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

Holding that a court need not accept as true "allegations that are merely conclusory"

Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

Holding that a motion to withdraw the reference violated § 362

Holding that the insured could not state a claim for breach of the implied covenant without showing the withholding of a benefit that was in fact due under the contract

Holding that plaintiff "alleged sufficient cognizable damages to survive summary judgment [as to his FCRA claims]"

Holding defense of unclean hands does not apply to an action under the unfair competition law (Bus. & Prof. Code, § 17200 et seq. )

Applying Delaware law

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Requiring that fraud be pleaded with particularity

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Allowing service by filing papers with the court's electronic-filing system

Prohibiting unlawful business practices

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure