§Why CasetextPricing

Sleep Med Llc et al v. Anthem Blue Cross Life And Health Insurance Company et al

NOTICE OF MOTION AND MOTION to Dismiss Case [Plaintiffs' First Amended Complaint]

51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,357 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

  3. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,948 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  4. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,350 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,481 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"

  6. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,690 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim

  7. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,950 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  8. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,188 times   1 Legal Analyses
    Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

  9. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,273 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  10. Durell v. Sharp Healthcare

    183 Cal.App.4th 1350 (Cal. Ct. App. 2010)   Cited 549 times   3 Legal Analyses
    Holding that actual reliance is an element of CUCL claims under the unlawful prong

  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 361,487 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 163,896 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 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

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

    Cal. Bus. & Prof. Code § 17204   Cited 995 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"

  15. Section 1550 - Essential to existence of contract

    Cal. Civ. Code § 1550   Cited 876 times   3 Legal Analyses
    Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration

  16. Section 1565 - Requirements of consent

    Cal. Civ. Code § 1565   Cited 369 times   1 Legal Analyses

    The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other. Ca. Civ. Code § 1565 Enacted 1872.

  17. Section 1580 - Mutual consent

    Cal. Civ. Code § 1580   Cited 220 times

    Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact. Ca. Civ. Code § 1580 Enacted 1872.