29 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"
Alvarez v. BAC Home Loans Servicing, L.P.
228 Cal.App.4th 941 (Cal. Ct. App. 2014) Cited 293 times 2 Legal Analyses
Holding that loan servicer owed a duty of care
Ragland v. U.S. Bank National Association
209 Cal.App.4th 182 (Cal. Ct. App. 2012) Cited 287 times
Holding that bank had no duty of care to borrower even when it "told [her] not to make her [monthly] loan payment in order to be considered for a loan modification"
Wagner v. Benson
101 Cal.App.3d 27 (Cal. Ct. App. 1980) Cited 253 times
Holding that bank did not owe duty of care to plaintiffs, as "inexperienced investors," where bank loaned money to them for "a risky venture"
Perlas v. GMAC Mortgage, LLC
187 Cal.App.4th 429 (Cal. Ct. App. 2010) Cited 105 times 2 Legal Analyses
Holding essential elements of fraud include reliance and damages
Ansanelli v. JP Morgan Chase Bank, N.A.
No. C 10-03892 WHA (N.D. Cal. Mar. 28, 2011) Cited 82 times
Holding that the defendant lender/servicer "went beyond its role as a silent lender and loan servicer" when it allegedly made an affirmative promise that it would modify plaintiffs' loan, and plaintiffs relied to their detriment on that promise, and stating that the bank "agreed to place plaintiffs on a trial modification plan, guaranteeing that if plaintiffs made payments on time in the modified amount for three months, Chase would provide a permanent modification of their loan"
Cornejo v. Ocwen Loan Servicing, LLC
151 F. Supp. 3d 1102 (E.D. Cal. 2015) Cited 60 times
Relying the conclusory allegation that plaintiffs' "[a]pplication was complete and is pled as such"
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"

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

29 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 loan servicer owed a duty of care

Holding that bank had no duty of care to borrower even when it "told [her] not to make her [monthly] loan payment in order to be considered for a loan modification"

Holding that bank did not owe duty of care to plaintiffs, as "inexperienced investors," where bank loaned money to them for "a risky venture"

Holding essential elements of fraud include reliance and damages

Relying the conclusory allegation that plaintiffs' "[a]pplication was complete and is pled as such"

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"