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The Missing Link, Inc. v. eBay, Inc.

Memorandum in Opposition re MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. Proc. 12

60 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,488 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' "

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,311 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,728 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,418 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"

  5. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,528 times   3 Legal Analyses
    Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

  6. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,653 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  7. Doe v. U.S.

    58 F.3d 494 (9th Cir. 1995)   Cited 1,890 times   2 Legal Analyses
    Holding that the IRS's claims against the bankruptcy estate could reduce any judgment against any government agency under the Federal Tort Claims Act

  8. Usher v. City of Los Angeles

    828 F.2d 556 (9th Cir. 1987)   Cited 2,072 times
    Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule

  9. Badie v. Bank of America

    67 Cal.App.4th 779 (Cal. Ct. App. 1998)   Cited 1,262 times   1 Legal Analyses
    Holding that a credit card company could not introduce an alternative dispute resolution provision through a "bill stuffer" where nothing in the original agreement mentioned dispute resolution

  10. Hangarter v. Provident Life and Acc. Ins. Co.

    373 F.3d 998 (9th Cir. 2004)   Cited 919 times   3 Legal Analyses
    Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified

  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 344,565 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. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,071 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,792 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 425.16 - California anti-SLAPP law

    Cal. Code Civ. Proc. § 425.16   Cited 2,810 times   110 Legal Analyses
    Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees

  15. Section 1654 - Interpretation against party causing uncertainty

    Cal. Civ. Code § 1654   Cited 671 times   2 Legal Analyses
    Codifying the doctrine of contra proferentem

  16. Section 17535 - Injunctive relief

    Cal. Bus. & Prof. Code § 17535   Cited 371 times   1 Legal Analyses
    Granting the city attorney authority to sue under the FAL in terms largely identical to those used in the UCL

  17. Section 790 - Purpose of article

    Cal. Ins. Code § 790   Cited 112 times   6 Legal Analyses

    The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, Seventy-ninth Congress), by defining, or providing for the determination of, all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. Ca. Ins. Code § 790 Added by Stats. 1959

  18. Section 1652 - Repugnancy reconciled

    Cal. Civ. Code § 1652   Cited 99 times

    Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. Ca. Civ. Code § 1652 Enacted 1872.