38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 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
  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,749 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  4. Leadsinger, Inc. v. BMG Music Publishing

    512 F.3d 522 (9th Cir. 2008)   Cited 1,455 times   1 Legal Analyses
    Holding that a court may deny leave to amend where amendment would be futile
  5. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 1,028 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim
  6. Wilson v. Hewlett–Packard Co.

    668 F.3d 1136 (9th Cir. 2012)   Cited 840 times   5 Legal Analyses
    Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard
  7. Somers ex rel. Herself v. Apple, Inc.

    729 F.3d 953 (9th Cir. 2013)   Cited 640 times   2 Legal Analyses
    Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"
  8. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 600 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint
  9. Eclectic Properties East, LLC v. Marcus & Millichap Co.

    751 F.3d 990 (9th Cir. 2014)   Cited 476 times   1 Legal Analyses
    Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."
  10. Owens v. Local No. 169

    971 F.2d 347 (9th Cir. 1992)   Cited 507 times   2 Legal Analyses
    Holding mechanics' on-call time was not compensable
  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 361,487 times   960 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,400 times   316 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,349 times   127 Legal Analyses
    Providing only statutory penalties
  15. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,827 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
  16. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,662 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
  17. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,642 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  18. Section 2802 - Indemnification for necessary expenditures and losses incurred in direct consequence of discharge of duties

    Cal. Lab. Code § 2802   Cited 1,144 times   122 Legal Analyses
    Pertaining to expense reimbursements
  19. Section 1197 - Minimum wage paid to employees

    Cal. Lab. Code § 1197   Cited 641 times   4 Legal Analyses
    Making it "unlawful" to pay "lower wage than the minimum" provided by law
  20. Section 1198 - Maximum hours of work and standard conditions of labor

    Cal. Lab. Code § 1198   Cited 625 times   6 Legal Analyses
    Providing that the "employment of any employee for longer hours" than are lawful is unlawful
  21. Section 12-6.001 - Application of Rules

    Fla. Admin. Code R. 12-6.001   Cited 18 times
    Stating a third cause of action for “violation of Plaintiffs' First Amendment Right because the policy is unconstitutionally vague and denies due process”