§Why CasetextPricing

Tatiana Plakhova v. James Hood et al

NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P. 12

48 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 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' "

  2. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,813 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  3. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,418 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,207 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

  5. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,504 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  6. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,184 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  7. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,175 times
    Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

  8. Aulson v. Blanchard

    83 F.3d 1 (1st Cir. 1996)   Cited 947 times
    Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"

  9. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 657 times   2 Legal Analyses
    Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"

  10. Ebeid ex Rel. U.S. v. Lungwitz

    616 F.3d 993 (9th Cir. 2010)   Cited 513 times   13 Legal Analyses
    Holding that qui tam plaintiffs must allege "reliable indicia that lead to a strong inference that claims were actually submitted"

  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 346,675 times   923 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 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,934 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,974 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,862 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,601 times   55 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  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 2,794 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  18. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 986 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

  19. Section 412 - Registration as prerequisite to certain remedies for infringement

    17 U.S.C. § 412   Cited 637 times   22 Legal Analyses
    Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

  20. Section 1714.10 - Claim against attorney for civil conspiracy included in complaint or other pleading

    Cal. Civ. Code § 1714.10   Cited 204 times   1 Legal Analyses
    Prohibiting bringing an action for civil conspiracy against attorney "which is based upon the attorney's representation of the client"