63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 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. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,824 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,200 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. Thompson v. Illinois Dept. of Prof. Regulation

    300 F.3d 750 (7th Cir. 2002)   Cited 1,016 times
    Holding district court did not abuse its discretion when plaintiff failed to cure deficiencies that persisted from the first amended complaint after given multiple chances to amend after motions to dismiss were filed
  6. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,357 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  7. Steckman v. Hart Brewing, Inc.

    143 F.3d 1293 (9th Cir. 1998)   Cited 1,045 times   1 Legal Analyses
    Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”
  8. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,174 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
  9. Foley v. Interactive Data Corp.

    47 Cal.3d 654 (Cal. 1988)   Cited 1,140 times   1 Legal Analyses
    Holding that tort damages are not available for breach of an employment contract
  10. Small v. Fritz Cos., Inc.

    30 Cal.4th 167 (Cal. 2003)   Cited 630 times   5 Legal Analyses
    Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for 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 345,981 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Section 1638 - Language governs interpretation

    Cal. Civ. Code § 1638   Cited 1,358 times
    Governing interpretation of contracts
  15. Section 1639 - Intention ascertained from writing

    Cal. Civ. Code § 1639   Cited 862 times   1 Legal Analyses
    Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"
  16. Section 1642 - Several contracts taken together

    Cal. Civ. Code § 1642   Cited 434 times   3 Legal Analyses

    Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. Ca. Civ. Code § 1642 Enacted 1872.

  17. Section 1625 - Execution of written contract supersedes negotiations or stipulations

    Cal. Civ. Code § 1625   Cited 349 times   4 Legal Analyses

    The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. Ca. Civ. Code § 1625 Amended by Stats. 1905, Ch. 451.