17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 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' "
North Star Intern. v. Arizona Corp. Com'n
720 F.2d 578 (9th Cir. 1983) Cited 2,205 times
Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted
Lovelace v. Software Spectrum Inc.
78 F.3d 1015 (5th Cir. 1996) Cited 1,111 times
Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"
Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 489 times
Holding that intentional misrepresentation claim based on a false promise requires plaintiff to plead that "the promisor did not intend to perform at the time he or she made the promise and that it was intended to deceive or induce the promisee to do or not do a particular thing."
National Union Fire Ins. Co. of Pittsburgh, PA v. Cambridge Integrated Services Group, Inc.
171 Cal.App.4th 35 (Cal. Ct. App. 2009) Cited 131 times 1 Legal Analyses
Discussing third-party beneficiaries in excess insurance context, finding insurer could sue workers' compensation program administrator for breach of contract as third-party beneficiary to the administration contract because the administrator's duties to resolve claims directly benefitted insurer
Deschaine v. Indymac Mortg. Servs.
617 F. App'x 690 (9th Cir. 2015) Cited 33 times
Finding that plaintiff was not entitled to appeal the denial of his loan modification application when he had previously defaulted on a modification
Maib v. Federal Deposit Insurance
771 F. Supp. 2d 14 (D.D.C. 2011) Cited 10 times
Concluding that plaintiff failed to state a plausible claim for breach of contract where the claim was “contradicted by the plain language on the face of the contract documents”
Richard P. v. Vista Del Mar Child Care Service
106 Cal.App.3d 860 (Cal. Ct. App. 1980) Cited 46 times
Finding prediction that premature infant would be healthy child to be expression of opinion
Missud v. Oakland Coliseum Joint Venture
Case No.: 12-02967 JCS (N.D. Cal. Mar. 5, 2013) Cited 6 times
Granting a motion to strike class allegations where named plaintiff was also class counsel
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 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 32.1 - Citing Judicial Dispositions
Fed. R. App. P. 32.1 Cited 34,472 times 152 Legal Analyses
Permitting court to cite to unpublished federal judicial opinions
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,327 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 875 times 3 Legal Analyses
Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 409 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"

Atikur R. Khan et al v. Phh Mortgage Corporation et al

17 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted

Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"

Holding that intentional misrepresentation claim based on a false promise requires plaintiff to plead that "the promisor did not intend to perform at the time he or she made the promise and that it was intended to deceive or induce the promisee to do or not do a particular thing."

Discussing third-party beneficiaries in excess insurance context, finding insurer could sue workers' compensation program administrator for breach of contract as third-party beneficiary to the administration contract because the administrator's duties to resolve claims directly benefitted insurer

Finding that plaintiff was not entitled to appeal the denial of his loan modification application when he had previously defaulted on a modification

Concluding that plaintiff failed to state a plausible claim for breach of contract where the claim was “contradicted by the plain language on the face of the contract documents”

Finding prediction that premature infant would be healthy child to be expression of opinion

Granting a motion to strike class allegations where named plaintiff was also class counsel

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Permitting court to cite to unpublished federal judicial opinions

Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

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"