Legal Opinion
GWC Restaurants, Inc. v. Hawaiian Flour Mills, Inc.
District Court, D. Hawaii
Decided April 27, 1988No. Civ. 88-00077 ACKPublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND LEAVE TO AMEND
KAY, District Judge.
Defendant filed a motion with this court to dismiss plaintiff’s complaint and for Rule 11 sanctions. The legal standard by which to scrutinize a motion to dismiss under Rule 12(b)(6), Fed.R.Civ.P., is whether plaintiff has stated a claim for' relief for which relief can be granted by this court. Dismissal is an extraordinary remedy which is viewed with disfavor in the federal courts. De La Cruz v. Tormey, 582 F.2d 45, 48 (9th Cir.1978); United States v. City of Redwood, 640 F.2d 963,…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Gulf Oil Corp. v. Copp Paving Co.Supreme Court of the United States · 1974
- William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Sue De La Cruz v. James TormeyCourt of Appeals for the Ninth Circuit · 1978
- United States v. City of Redwood City, California and Albert v. Pinotti, Individually and Dba the People's Police PatrolCourt of Appeals for the Ninth Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Association of Apartment Owners of Newtown Meadows Ex Rel. Board of Directors v. Venture 15, Inc.Hawaii Supreme Court · 2007
- Association of Apartment Owners of Newtown Meadows Ex Rel. Board of Directors v. Venture 15, Inc.Hawaii Supreme Court · 2007
- Clark v. TrislerDistrict Court, D. Hawaii · 2023