§Why CasetextPricing

Woods v. Google, Inc.

MOTION to Dismiss

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 266,461 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. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,198 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

  4. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,254 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  5. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 1,944 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply

  6. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,562 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  7. Lucas v. Department of Corrections

    66 F.3d 245 (9th Cir. 1995)   Cited 2,299 times
    Holding that dismissal of a pro se complaint without leave to amend is proper only if it is clear that the deficiencies cannot be cured by amendment or after the pro se litigant is given an opportunity to amend

  8. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

  9. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,847 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public

  10. 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

  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 345,715 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 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,658 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state