90 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 278,987 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,283 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"
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,173 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Alexander v. Sandoval
532 U.S. 275 (2001) Cited 2,740 times 35 Legal Analyses
Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 4,011 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Yourish v. California Amplifier
191 F.3d 983 (9th Cir. 1999) Cited 3,992 times
Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint
Blue Chip Stamps v. Manor Drug Stores
421 U.S. 723 (1975) Cited 2,083 times 28 Legal Analyses
Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,346 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Transamerica Mortgage Advisors, Inc. v. Lewis
444 U.S. 11 (1979) Cited 1,346 times 6 Legal Analyses
Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,474 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"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,402 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,357 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 1,014 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 909 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 882 times 3 Legal Analyses
Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"
Section 77p - Additional remedies; limitation on remedies
15 U.S.C. § 77p Cited 450 times 16 Legal Analyses
Allowing certain securities class actions to be removed to federal court
Section 17205 - Cumulative remedies and penalties
Cal. Bus. & Prof. Code § 17205 Cited 110 times 3 Legal Analyses
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. Ca. Bus. and Prof'l. Code § 17205 Added by Stats. 1977, Ch. 299.
Section 80a-8 - Registration of investment companies
15 U.S.C. § 80a-8 Cited 56 times 5 Legal Analyses
Setting forth requirements for registration of investment companies
Section 80a-47 - Liability of controlling persons; preventing compliance with subchapter
15 U.S.C. § 80a-47 Cited 43 times
(a) Procurement It shall be unlawful for any person, directly or indirectly, to cause to be done any act or thing through or by means of any other person which it would be unlawful for such person to do under the provisions of this subchapter or any rule, regulation, or order thereunder. (b) Substantially assisting a violation For purposes of any action brought by the Commission under subsection (d) or (e) of section 80a-41 of this title, any person that knowingly or recklessly provides substantial
Section 80a-13 - Changes in investment policy
15 U.S.C. § 80a-13 Cited 34 times
Expanding definition of "person" to include "the Federal Government and any State or political subdivision of a State"

Smit v. Charles Schwab & Co. Inc. et al

90 Cited authorities

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

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"

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint

Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

Holding that circumstances constituting fraud must be stated with particularity

Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

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"

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

Prohibiting unlawful business practices

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

Allowing certain securities class actions to be removed to federal court

Setting forth requirements for registration of investment companies

Expanding definition of "person" to include "the Federal Government and any State or political subdivision of a State"