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Sanchez vs. Ocwen Loan Servicing, LLC

Motion to Strike

13 Cited authorities

  1. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,490 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  2. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,706 times   17 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  3. Kraus v. Trinity Management Services, Inc.

    23 Cal.4th 116 (Cal. 2000)   Cited 234 times   2 Legal Analyses
    Holding plaintiff may seek "injunctive relief against unfair or unlawful practices in order to protect the public"

  4. Commodore Home Systems, Inc. v. Superior Court

    32 Cal.3d 211 (Cal. 1982)   Cited 197 times
    Holding that in a civil action under FEHA, all relief generally available in noncontractual actions, including punitive damages, may be obtained

  5. Perkins v. Superior Court

    117 Cal.App.3d 1 (Cal. Ct. App. 1981)   Cited 39 times
    Noting that pleading the language of section 3294 "is not objectionable when sufficient facts are alleged to support the allegation"

  6. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,660 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  7. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,881 times   11 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  8. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 1,001 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"

  9. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 421 times   3 Legal Analyses
    Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

  10. Section 436 - Authority of court upon motion

    Cal. Code Civ. Proc. § 436   Cited 316 times
    Authorizing the court to strike irrelevant, false, or improper matter from a pleading

  11. Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice

    Cal. Code Civ. Proc. § 437   Cited 294 times   4 Legal Analyses

    (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982

  12. Section 435 - Service and filing of notice of motion to strike

    Cal. Code Civ. Proc. § 435   Cited 169 times
    Defining the term pleading to include "demurrer"

  13. Section 431.10 - Material allegation defined; immaterial allegation defined

    Cal. Code Civ. Proc. § 431.10   Cited 12 times

    (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is not essential to the statement of a claim or defense. (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense. (3) A demand for judgment requesting relief not supported