83 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,074 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,524 times 368 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
Lopez v. Smith
203 F.3d 1122 (9th Cir. 2000) Cited 24,388 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
H. J. Inc. v. Northwestern Bell Telephone Co.
492 U.S. 229 (1989) Cited 3,659 times 9 Legal Analyses
Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,254 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Boyle v. United States
556 U.S. 938 (2009) Cited 1,159 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,282 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
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,976 times 4 Legal Analyses
Holding that a court need not accept as true "allegations that are merely conclusory"
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,912 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”
Cedric Kushner Promotions, Ltd. v. King
533 U.S. 158 (2001) Cited 743 times 5 Legal Analyses
Holding person who is a corporate owner or employee is distinct from the corporation itself
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 354,142 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,334 times 127 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,539 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,090 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,086 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,157 times 42 Legal Analyses
Granting civil remedies for RICO violation
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,843 times 10 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 415.20 - Leaving copy of summons and complaint at office or at usual mailing address and mailing copy of summons and compliant to person to be served
Cal. Code Civ. Proc. § 415.20 Cited 885 times
Setting forth requirements for substitute service under California law
Section 415.30 - Mail service
Cal. Code Civ. Proc. § 415.30 Cited 385 times
Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed
Section 2313 - Express warranties by affirmation, promise, description, sample
Cal. Com. Code § 2313 Cited 372 times 1 Legal Analyses
Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"

Stephen Yagman v. Ferguson Enterprises, Inc. et al

83 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 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 the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

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

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

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”

Holding person who is a corporate owner or employee is distinct from the corporation itself

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

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

Requiring that fraud be pleaded with particularity

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Granting civil remedies for RICO violation

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Setting forth requirements for substitute service under California law

Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed

Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"