83 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,027 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,773 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' "
  3. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,032 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
  4. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,637 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
  5. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,237 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."
  6. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,144 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."
  7. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,226 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
  8. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,920 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"
  9. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,885 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”
  10. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 736 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself
  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 348,309 times   929 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,731 times   123 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,097 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,950 times   60 Legal Analyses
    Specifying prohibited activities
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,991 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,109 times   42 Legal Analyses
    Granting civil remedies for RICO violation
  17. 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 2,807 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  18. 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 861 times
    Setting forth requirements for substitute service under California law
  19. Section 415.30 - Mail service

    Cal. Code Civ. Proc. § 415.30   Cited 381 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
  20. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 369 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"