48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 times   279 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 265,336 times   364 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. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,892 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"
  4. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,853 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”
  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,417 times   23 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"
  6. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,737 times   44 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  7. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,202 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  8. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,712 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
  9. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 909 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"
  10. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 914 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  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 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 285 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  13. Section 1760 - Liberal construction and application

    Cal. Civ. Code § 1760   Cited 150 times
    Stating the purpose of the CLRA is "to protect consumers against unfair and deceptive business practices"
  14. Section 1790.3 - Conflicts between Commercial Code and provisions of chapter

    Cal. Civ. Code § 1790.3   Cited 31 times

    The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of this chapter, the provisions of this chapter shall prevail. Ca. Civ. Code § 1790.3 Added by Stats. 1970, Ch. 1333.