McLellan v. Fitbit, Inc.

18 Citing cases

  1. Ernest v. Select Portfolio Servicing, Inc.

    4:24-cv-02109-JD (N.D. Cal. Apr. 10, 2024)

    The problem is that the complaint falls far short of providing facts that “state with particularity the circumstances constituting fraud or mistake.” Fed.R.Civ.P. 9(b); see also McLellan v. Fitbit, Inc., No. 16-cv-00036-JD, 2018 WL 2688781 (N.D. Cal. June 5, 2018). For example, Ernest says SPS provided incorrect information about the forbearance program, see Dkt. No. 1 ¶ 21, but the complaint presents only Ernest's own understanding of the program's terms, and not any facts about what SPS may have said, and when.

  2. Pauly v. Becker

    3:23-cv-03108-JD (N.D. Cal. Feb. 14, 2024)

    The standards that govern a Rule 12(b)(6) motion to dismiss are well established, and are incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018); BPi Bright Power, Inc. v. Umpqua Holding Corp., No. 22-cv-03285-JD, 2023 WL 3029237, at *1 (N.D. Cal. Apr. 19, 2023). In pertinent part, Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint make “a short and plain statement of the claim showing that the pleader is entitled to relief.”

  3. Gunn v. FCA U.S., LLC

    3:22-cv-02229-JD (N.D. Cal. Aug. 22, 2023)   Cited 3 times

    The standards governing a Rule 12(b)(6) motion to dismiss are straightforward. See McLellan v. Fitbit, Inc., No. 16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018); Swartz v. Coca-Cola Co., No. 21-cv-04643-JD, 2023 WL 4828680, at *1 (N.D. Cal. July 27, 2023). Rule 8(a)(2) requires that a complaint make “a short and plain statement of the claim showing that the pleader is entitled to relief.”

  4. Colombo v. YouTube, LLC

    679 F. Supp. 3d 940 (N.D. Cal. 2023)   Cited 1 times

    The standards governing a Rule 12(b)(6) motion to dismiss are straightforward. See McLellan v. Fitbit, Inc., No. 16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018); Jefferson v. Healthline Media, Inc., No. 22-cv-05059-JD, 2023 WL 3668522, at *1 (N.D. Cal. May 24, 2023). Rule 8(a)(2) requires that a complaint make "a short and plain statement of the claim showing that the pleader is entitled to relief."

  5. Jefferson v. Healthline Media, Inc.

    674 F. Supp. 3d 760 (N.D. Cal. 2023)   Cited 7 times
    Dismissing VPPA claim where plaintiff alleged that she gave defendant her name and email address to subscribe to its email list, but "no information [was] provided about th[at] list"

    The Court has discussed in other cases the standards governing a Rule 12(b)(6) motion to dismiss, and the discussion is incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018); Inre Wells Fargo Forbearance Litig., No. 20-cv-06009-JD, 2023 WL 3237501, at *1 (N.D. Cal. May 2, 2023). In pertinent part, Rule 8(a)(2) requires that a complaint make "a short and plain statement of the claim showing that the pleader is entitled to relief."

  6. Williams v. J.P. Morgan Chase Bank

    3:22-cv-07149-JD (N.D. Cal. May. 22, 2023)   Cited 2 times

    The standards that govern a Rule 12(b)(6) motion to dismiss are well established, and are incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018); BPi Bright Power, Inc. v. Umpqua Holding Corp., No. 22-cv-03285-JD, 2023 WL 3029237, at *1 (N.D. Cal. Apr. 19, 2023). In pertinent part, Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint make “a short and plain statement of the claim showing that the pleader is entitled to relief.”

  7. In re Wells Fargo Forbearance Litig.

    20-cv-06009-JD (N.D. Cal. May. 2, 2023)   Cited 7 times

    The Court has discussed in other cases the standards governing a Rule 12(b)(6) motion to dismiss, and the discussion is incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018). In pertinent part, Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint make “a short and plain statement of the claim showing that the pleader is entitled to relief.”

  8. BPI Bright Power, Inc. v. Umpqua Holding Corp.

    669 F. Supp. 3d 904 (N.D. Cal. 2023)   Cited 3 times

    The standards that govern a Rule 12(b)(6) motion to dismiss are well-established, and are incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018). In pertinent part, Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint make "a short and plain statement of the claim showing that the pleader is entitled to relief."

  9. Qayumi v. Talent Net, Inc.

    21-cv-00323-JD (N.D. Cal. Jan. 17, 2023)   Cited 1 times

    The Court has detailed the governing standards in other orders, and that discussion is incorporated here. See McLellan v. Fitbit, Inc., No. 3:16-cv-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018). In pertinent part, Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a complaint make “a short and plain statement of the claim showing that the pleader is entitled to relief.

  10. Deno v. State Farm Gen. Ins. Co.

    22-cv-00513-JD (N.D. Cal. Sep. 8, 2022)   Cited 4 times

    Rule 12(b)(6) is governed by well-established standards. See McLellan v. Fitbit, Inc., No. 3:16-CV-00036-JD, 2018 WL 2688781, at *1 (N.D. Cal. June 5, 2018). To meet the requirements of Rule 8(a) and Rule 12(b)(6), a complaint must present “a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed.R.Civ.P. 8(a)(2), on the basis of plausible and non-conclusory allegations of facts, Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).