83 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 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 24,191 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 3,644 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 4,245 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 1,151 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 4,253 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 2,947 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 2,898 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 738 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 351,086 times 937 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 70,485 times 126 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 39,307 times 323 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,012 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,032 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,129 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 2,821 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 871 times
Setting forth requirements for substitute service under California law
Section 415.30 - Mail service
Cal. Code Civ. Proc. § 415.30 Cited 384 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 370 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 for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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 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"