32 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 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' "
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 15,993 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Daniels-Hall v. National Educ. Ass'n
629 F.3d 992 (9th Cir. 2010) Cited 2,089 times 3 Legal Analyses
Holding courts may take judicial notice of information made publicly available by government entities on government websites
Knievel v. ESPN
393 F.3d 1068 (9th Cir. 2005) Cited 2,313 times 2 Legal Analyses
Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,563 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Schreiber Distributing v. Serv-Well Furniture
806 F.2d 1393 (9th Cir. 1986) Cited 2,285 times
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."
Weisbuch v. County of Los Angeles
119 F.3d 778 (9th Cir. 1997) Cited 500 times
Holding that a policymaker's mere refusal to overrule a subordinate's completed act does not constitute approval
Casey v. United States Bank Nat. Assn.
127 Cal.App.4th 1138 (Cal. Ct. App. 2005) Cited 310 times
Holding that the complaint "must allege the defendant's actual knowledge" of the specific act of fraud to adequately plead aiding and abetting fraud
K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc.
171 Cal.App.4th 939 (Cal. Ct. App. 2009) Cited 270 times 5 Legal Analyses
Holding the facts, not the labels, in a pleading determine whether a plaintiff is entitled to relief
Albrecht v. Lund
845 F.2d 193 (9th Cir. 1988) Cited 415 times
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
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1836 - Civil proceedings
18 U.S.C. § 1836 Cited 1,836 times 142 Legal Analyses
Granting district courts original, but not exclusive, jurisdiction over civil actions brought under the DTSA
Section 1839 - Definitions
18 U.S.C. § 1839 Cited 1,186 times 101 Legal Analyses
Recognizing that misappropriation is present where the acquiring entity “knows or has reason to know that the trade secret was acquired by improper means”
Section 3426.1 - Definitions
Cal. Civ. Code § 3426.1 Cited 869 times 22 Legal Analyses
Defining trade secrets under CUTSA similarly

The Hays Group, Inc. v. Burnham Benefits Insurance Services, Inc.

32 Cited authorities

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' "

Holding courts may take judicial notice of information made publicly available by government entities on government websites

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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."

Holding that a policymaker's mere refusal to overrule a subordinate's completed act does not constitute approval

Holding that the complaint "must allege the defendant's actual knowledge" of the specific act of fraud to adequately plead aiding and abetting fraud

Holding the facts, not the labels, in a pleading determine whether a plaintiff is entitled to relief

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

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

Granting district courts original, but not exclusive, jurisdiction over civil actions brought under the DTSA

Recognizing that misappropriation is present where the acquiring entity “knows or has reason to know that the trade secret was acquired by improper means”

Defining trade secrets under CUTSA similarly