32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,464 times   22 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"
  4. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,267 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"
  5. Neubronner v. Milken

    6 F.3d 666 (9th Cir. 1993)   Cited 806 times
    Holding that Rule 9(b)'s purpose is "to prevent the filing of a complaint as a pretext for the discovery of unknown wrongs" and finding the Section 20A insufficiently pled because it lacked "facts [such] as the times, dates, places" or "allegations on information and belief . . . [to] state the factual basis for the belief"
  6. Bardin v. Daimlerchrysler Corp.

    136 Cal.App.4th 1255 (Cal. Ct. App. 2006)   Cited 307 times
    Holding that the use of less expensive tubular steel exhaust manifolds did not violate public policy because the defendant made no representation about the composition of the manifolds and the plaintiffs did not allege a safety concern or a violation of the warranty
  7. Coastal Abstract Service v. First Amer. Title

    173 F.3d 725 (9th Cir. 1998)   Cited 367 times   3 Legal Analyses
    Holding actionable under § 43(B) a statement that an escrow agent was not paying his bills
  8. Morgan v. AT&T Wireless Services Inc.

    177 Cal.App.4th 1235 (Cal. Ct. App. 2009)   Cited 255 times
    Holding "a fraudulent business practice is one that is likely to deceive members of the public"
  9. Weinstat v. Dentsply International, Inc.

    180 Cal.App.4th 1213 (Cal. Ct. App. 2010)   Cited 230 times
    Holding that "the concept of reliance has been purposefully abandoned" for express warranty claims under the California UCC
  10. In re iPhone Application Litig

    844 F. Supp. 2d 1040 (N.D. Cal. 2012)   Cited 156 times   4 Legal Analyses
    Holding that iOS devices such as iPhones are not "facilities" under the SCA
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,747 times   68 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  14. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 380 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"
  15. Section 1761 - Definitions

    Cal. Civ. Code § 1761   Cited 266 times   3 Legal Analyses
    Defining “consumer” under the California Consumer Legal Remedies Act as “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes”