Ashcroft v. Iqbal

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

Bell Atl. Corp. v. Twombly

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

Balistreri v. Pacifica Police Dept

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'"

Vess v. Ciba-Geigy Corp. USA

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

Emrich v. Touche Ross Co.

Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

Lazy Y Ranch Ltd. v. Behrens

Holding that courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”

Moore v. Kayport Package Exp., Inc.

Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

Love v. U.S.

Holding that district court has jurisdiction under the FTCA to consider conversion claim under Montana law

Moradi-Shalal v. Fireman's Fund Ins. Companies

Holding that section 790.03 was not intended "to create a private civil cause of action against an insurer that commits one of the various acts listed in section 790.03, subdivision (h)"

Nguyen v. Calhoun

Holding that a "non-statutory postponement . . . does not constitute an irregularity in the foreclosure proceeding itself" that could justify setting aside a foreclosure sale

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan

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

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"

Section 2923.7 - [Effective Until 1/1/2025] Establishment of single point of contact upon borrower requesting foreclosure prevention alternative

Discussing the nature of "single point of contact"

Section 2924.3 - Notices mailed by agent of mortgagee, beneficiary or owner to make collections of payments from obligor