§Why CasetextPricing

Arturo Ramos v. Dli Properties, Llc et al

NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities and Declaration of Sandra L. Stevens in Support Thereof

84 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,534 times   90 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  4. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,762 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  5. Migra v. Warren City School District Board of Education

    465 U.S. 75 (1984)   Cited 3,549 times   1 Legal Analyses
    Holding "that petitioner's state-court judgment in litigation [had] the same claim preclusive effect in federal court that the judgment would have in the . . . state courts"

  6. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,236 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  7. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,984 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  8. Kremer v. Chemical Construction Corp.

    456 U.S. 461 (1982)   Cited 2,470 times   2 Legal Analyses
    Holding that "full and fair opportunity to litigate" is satisfied by minimum procedural requirements of the Fourteenth Amendment

  9. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,541 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  10. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,198 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

  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 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit

    28 U.S.C. § 1738   Cited 7,520 times   15 Legal Analyses
    Referring to "[t]he Acts of the legislature" in the full faith and credit context

  15. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,912 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  16. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,303 times   27 Legal Analyses
    Granting consumers the right to rescind

  17. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,260 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

  18. Section 226.23 - Right of rescission

    12 C.F.R. § 226.23   Cited 1,216 times   3 Legal Analyses
    Granting extended right to cancel to "consumers" in the event of nondisclosures