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Wieck v. CIT Group, Inc.

MEMORANDUM in Support re MOTION to Dismiss Plaintiff's First Amended Complaint, pursuant to Fed.R.Civ.P. 12

21 Cited authorities

  1. Silvas v. E*Trade Mortgage Corp.

    514 F.3d 1001 (9th Cir. 2008)   Cited 400 times
    Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)

  2. Cohen v. Am. Sec. Ins. Co.

    735 F.3d 601 (7th Cir. 2013)   Cited 208 times   1 Legal Analyses
    Holding that the implied duty of good faith does not require parties to "be reasonable," but to avoid invoking a contractual provision "dishonestly to achieve a purpose contract to that for which the contract had been made" and finding that the lender did not violate this duty when it gave the borrower notices of the LPI and that she could cancel at any time by securing her own insurance

  3. McAnaney v. Astoria Financial Corp.

    665 F. Supp. 2d 132 (E.D.N.Y. 2009)   Cited 78 times
    Holding that if a court first resolves a motion to dismiss and is then presented with the same issues on summary judgment, the doctrine would not apply "because of the divergent standard of review applicable to motions to dismiss and motions for summary judgment"

  4. Campidoglio LLC v. Wells Fargo & Co.

    870 F.3d 963 (9th Cir. 2017)   Cited 45 times   1 Legal Analyses
    Holding trial court has wide discretion over discovery and discovery sanctions

  5. Naulty v. Greenpoint Mortgage Funding, Inc.

    Nos. C 09-1542 MHP, C 09-1545 MHP (N.D. Cal. Sep. 2, 2009)   Cited 36 times
    Finding HOLA preempts claims relating to disclosures that Wachovia did or did not give to plaintiffs, and to Wachovia's underwriting standards

  6. Reyes v. Downey Savings and Loan Ass'n, F.A.

    541 F. Supp. 2d 1108 (C.D. Cal. 2008)   Cited 34 times
    Holding consumer protection claim based on TILA violation preempted by HOLA because it would have extended the TILA statute of limitations from one to four years

  7. Schilke v. Mortgage

    758 F. Supp. 2d 549 (N.D. Ill. 2010)   Cited 28 times
    Finding both deceptive practices and breach of contract claims preempted for same reason

  8. Schilke v. Wachovia Mortgage, FSB

    820 F. Supp. 2d 825 (N.D. Ill. 2011)   Cited 18 times
    Granting motion to dismiss breach of contract claim based on force-placing allegedly over-priced insurance where plaintiff signed mortgage loan that expressly authorized kickbacks, commissions, and force-placed insurance costing two to five times the retail price

  9. Copeland-Turner v. Wells Fargo Bank, N.A.

    800 F. Supp. 2d 1132 (D. Or. 2011)   Cited 18 times
    Holding that HOLA preempts "'disclosure-document' foreclosure claims"

  10. Lopez v. Wachovia Mortgage

    Case No. 2:09-CV-01510-JAM-DAD (E.D. Cal. Nov. 19, 2009)   Cited 18 times
    Dismissing implied covenant claim, among other state law claims, because they were “based upon allegations pertaining to the [defendant-lender's] lending operations,” and were thus preempted by HOLA

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss