35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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' "
  3. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,716 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
  4. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,654 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"
  5. Panavision International, L.P. v. Toeppen

    141 F.3d 1316 (9th Cir. 1998)   Cited 1,147 times   1 Legal Analyses
    Holding that personal jurisdiction existed where “[t]he brunt of the harm ... was felt in California,” and the defendant “knew Panavision would likely suffer harm there because, although at all relevant times Panavision was a Delaware limited partnership, its principal place of business was in California”
  6. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,170 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
  7. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 925 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
  8. Sybersound Records, Inc. v. UAV Corp.

    517 F.3d 1137 (9th Cir. 2008)   Cited 320 times   4 Legal Analyses
    Holding that the licensing status of a copyrighted recording does not give rise to a claim under § 1125(B)
  9. Tarmann v. State Farm Mut. Auto. Ins. Co.

    2 Cal.App.4th 153 (Cal. Ct. App. 1991)   Cited 489 times
    Holding that intentional misrepresentation claim based on a false promise requires plaintiff to plead that "the promisor did not intend to perform at the time he or she made the promise and that it was intended to deceive or induce the promisee to do or not do a particular thing."
  10. Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association

    55 Cal.4th 1169 (Cal. 2013)   Cited 234 times   13 Legal Analyses
    Holding that parol evidence may be used to prove promissory fraud
  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 345,529 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
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,824 times   315 Legal Analyses
    Prohibiting unlawful business practices
  15. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,268 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  16. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,656 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  17. Section 1710 - Deceit defined

    Cal. Civ. Code § 1710   Cited 891 times   2 Legal Analyses
    Defining "deceit"
  18. Section 14245 - Grounds for civil action by owner of registered mark

    Cal. Bus. & Prof. Code § 14245   Cited 42 times
    Providing remedies for violation of the Model State Trademark Law
  19. Section 14200 - Short title

    Cal. Bus. & Prof. Code § 14200   Cited 21 times   1 Legal Analyses

    This chapter shall be known and may be cited as the Model State Trademark Law. Ca. Bus. and Prof'l. Code § 14200 Added by Stats 2007 ch 711 (AB 1484),s 2, eff. 1/1/2008.