53 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,896 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 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
Ebay Inc. v. Mercexchange, L. L. C.
547 U.S. 388 (2006) Cited 3,992 times 136 Legal Analyses
Holding that traditional four-factor test applies to injunctions against patent infringement
People v. Doolin
45 Cal.4th 390 (Cal. 2009) Cited 3,937 times 3 Legal Analyses
Holding defendant's request to represent himself was untimely where he sought self-representation at sentencing hearing only after his Marsden motion was denied
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,358 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
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,948 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,352 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,319 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Schneider v. California Department of Corr
151 F.3d 1194 (9th Cir. 1998) Cited 1,386 times 1 Legal Analyses
Holding inmates “possess a constitutionally cognizable property interest” in the interest earned on money held in their prison accounts
Broam v. Bogan
320 F.3d 1023 (9th Cir. 2003) Cited 1,135 times
Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate
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 361,619 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,952 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,136 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 36,225 times 1254 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"
Section 1761 - Definitions
Cal. Civ. Code § 1761 Cited 267 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”

Zepeda v. Paypal, Inc.

53 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that traditional four-factor test applies to injunctions against patent infringement

Holding defendant's request to represent himself was untimely where he sought self-representation at sentencing hearing only after his Marsden motion was denied

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

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding that circumstances constituting fraud must be stated with particularity

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding inmates “possess a constitutionally cognizable property interest” in the interest earned on money held in their prison accounts

Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

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"

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”