Ashcroft v. Iqbal

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

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' "

Sprewell v. Golden State Warriors

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Vess v. Ciba-Geigy Corp. USA

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

Kearns v. Ford Motor Co.

Holding that circumstances constituting fraud must be stated with particularity

Hillsborough County v. Automated Medical Labs

Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

Cahill v. Liberty Mut. Ins. Co.

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Kwikset Corp. v. Superior Court

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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

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"

Clemens v. DaimlerChrysler Corp.

Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Section 17200 - Unfair competition defined

Prohibiting unlawful business practices

Section 1750 - Title of act

Section 17500 - Untrue or misleading advertising

Requiring action that originated in California to effect consumers in another state

Section 301 - Short title

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

Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

Section 1770 - [Operative 7/1/2024]

Prohibiting "unfair or deceptive acts or practices"

Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

Granting standing to consumers who have suffered damage "as a result of" a violation

Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

Explaining the meaning of "not identical"

Section 10.25 - Initiation of administrative proceedings

Including forms under 21 C.F.R. § 314.50 among the forms that constitute a "petition"

Section 101.60 - Nutrient content claims for the calorie content of foods

Allowing “No Added Sugar” claims only with respect to dietary supplements or vitamins intended for children under two

Section 101.30 - Percentage juice declaration for foods purporting to be beverages that contain fruit or vegetable juice

Regulating " any food that purports to be a beverage that contains any fruit or vegetable juices."