§Why CasetextPricing

Bromfield, et Al. v. Toyota Motor Sales Company

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 268,084 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,031 times   369 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. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,569 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'"

  4. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,202 times   4 Legal Analyses
    Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

  5. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 922 times   4 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  6. Epstein v. Washington Energy Co.

    83 F.3d 1136 (9th Cir. 1996)   Cited 706 times   2 Legal Analyses
    Finding no duty to predict action of public utility commission

  7. Brazil v. U.S. Dept. of Navy

    66 F.3d 193 (9th Cir. 1995)   Cited 698 times
    Holding that a constitutional challenge to a security clearance decision was precluded by Title VII

  8. Nelson v. Chase Manhattan Mortgage Corp.

    282 F.3d 1057 (9th Cir. 2002)   Cited 425 times   1 Legal Analyses
    Holding consumers have a private right of action against furnishers for violations of § 1681s-2(b)

  9. Valadez–lopez v. Chertoff

    656 F.3d 851 (9th Cir. 2011)   Cited 272 times
    Holding that "[t]here is nothing in the statute or our case law that would prevent a plaintiff from amending an existing complaint asserting non-FTCA claims to name the United States as a defendant and include FTCA claims once those claims have been administratively exhausted"

  10. Howard v. Blue Ridge Bank

    371 F. Supp. 2d 1139 (N.D. Cal. 2005)   Cited 48 times
    Holding the Fair Credit Reporting Act preempts a similar claim under the Unfair Competition Law

  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 362,910 times   962 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 164,593 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,587 times   200 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 3,010 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators