§Why CasetextPricing

Banks v. Wells Fargo Bank, NA et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Jones v. Bock

    549 U.S. 199 (2007)   Cited 13,428 times   7 Legal Analyses
    Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

  4. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,824 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  5. Edwards v. Prime Inc.

    602 F.3d 1276 (11th Cir. 2010)   Cited 1,041 times   4 Legal Analyses
    Holding that legal conclusions about hypothetical facts are dicta

  6. Loren v. Sasser

    309 F.3d 1296 (11th Cir. 2002)   Cited 528 times
    Holding the duty to provide transcript on appeal applies to pro se litigants

  7. Systems Signs Supplies v. U.S. Dept., Justice

    903 F.2d 1011 (5th Cir. 1990)   Cited 448 times
    Finding district court did not abuse its discretion in dismissing case where assistant United States attorney advised pro se plaintiff nearly one month before the lapse of the 120-period for service of process that service on the United States was defective and cited the procedural rules governing service

  8. Montgomery v. Bank of Am.

    321 Ga. App. 343 (Ga. Ct. App. 2013)   Cited 102 times
    Holding that a borrower could not challenge an assignment to which he was not a party, even if the assignment was forged

  9. Whitaker Mortgage Corp. v. Brown

    276 Ga. 848 (Ga. 2003)   Cited 53 times
    Reversing trial court's award of quiet title where plaintiff had not paid the amount due under the note

  10. Sanders v. Fluor Daniel, Inc.

    151 F.R.D. 138 (M.D. Fla. 1993)   Cited 44 times
    Stating pro se status in itself does not constitute good cause

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 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."

  15. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,944 times   25 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 3,315 times   27 Legal Analyses
    Granting consumers the right to rescind

  17. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,267 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

  18. Section 9-3-31 - Injuries to personalty

    Ga. Code § 9-3-31   Cited 176 times   1 Legal Analyses
    Imposing a four-year limitations period on claims for false endorsement under Georgia law

  19. Section 14-2-504 - Service on corporation

    Ga. Code § 14-2-504   Cited 32 times
    Providing for service of process to a corporation's registered agent

  20. Section 14-2-1510 - Service on foreign corporation

    Ga. Code § 14-2-1510   Cited 13 times
    Permitting service by statutory overnight delivery, among other methods