62 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. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 7,108 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
  4. Jenkins v. McKeithen

    395 U.S. 411 (1969)   Cited 7,714 times
    Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party
  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,322 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
  6. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 2,032 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply
  7. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 711 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL
  8. Carma Developers, Inc. v. Marathon Development California, Inc.

    2 Cal.4th 342 (Cal. 1992)   Cited 785 times
    Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith
  9. Xechem, Inc. v. Bristol-Myers Squibb Co.

    372 F.3d 899 (7th Cir. 2004)   Cited 404 times
    Holding that a plaintiff pleads himself out of court when his complaint includes all the necessary ingredients of an impenetrable defense
  10. Peterson v. Cellco Partnership

    164 Cal.App.4th 1583 (Cal. Ct. App. 2008)   Cited 317 times   1 Legal Analyses
    Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"
  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 357,835 times   950 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 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. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,266 times   315 Legal Analyses
    Prohibiting unlawful business practices
  16. 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.

  17. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 1,012 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  18. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 987 times   4 Legal Analyses
    Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"
  19. Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

    Cal. Civ. Code § 1780   Cited 660 times   5 Legal Analyses
    Granting standing to consumers who have suffered damage "as a result of" a violation
  20. Section 1654 - Interpretation against party causing uncertainty

    Cal. Civ. Code § 1654   Cited 678 times   2 Legal Analyses
    Codifying the doctrine of contra proferentem