Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

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' "

Swierkiewicz v. Sorema N.A.

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Foman v. Davis

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

Mendiondo v. Centinela

Holding that the heightened pleading requirements of Rule 9(b) do not apply

Carvalho v. Equifax Information Services, LLC

Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

Schreiber Distributing v. Serv-Well Furniture

Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

Beck Development Co. v. Southern Pacific Transportation Co.

Holding that three-year statute of limitations applies to private nuisances

Albrecht v. Lund

Holding leave to amend is not required where the facts are not in dispute, and there is no liability as a matter of substantive law

Lazar v. Hertz Corp.

Holding that section 17200 of the UCL can incorporate conduct unlawful under other statutes as a violation of the UCL

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 17200 - Unfair competition defined

Prohibiting unlawful business practices

Section 9601 - Definitions

Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

Section 9613 - Civil proceedings

Granting federal district courts "exclusive original jurisdiction" of CERCLA actions

Section 3479 - What constitutes nuisance

Defining "nuisance"

Section 3480 - Public nuisance

Defining public nuisance as one which "affects at the same time an entire community or neighborhood, or any considerable number of persons"

Section 731 - Action by person whose property affected; civil action in name of people of state

In section 731 the Legislature meant to allow cities, as well as the state, to continue to bring such actions: the statute gives district attorneys and city attorneys the concurrent right to file such suits, and even provides that the city attorney "must bring" the action if directed to do so by the legislative authority of the city.

Section 3493 - Action maintained by private person

Permitting a private person to bring an action for public nuisance "if it is specially injurious to himself"

Section 3481 - Private nuisance