18 Cited authorities

Johnson v. Mammoth Recreations, Inc.
975 F.2d 604 (9th Cir. 1992) Cited 6,211 times
Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987) Cited 2,907 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
Ascon Properties, Inc. v. Mobil Oil Co.
866 F.2d 1149 (9th Cir. 1989) Cited 1,324 times
Holding that the ninety-day notice requirement is jurisdictional
Howey v. United States
481 F.2d 1187 (9th Cir. 1973) Cited 615 times
Holding that a district court's conclusory denial of leave to amend was an abuse of discretion
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,579 times 135 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,739 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,984 times 1236 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,879 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,860 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,808 times 52 Legal Analyses
Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
Section 1635 - Right of rescission as to certain transactions
15 U.S.C. § 1635 Cited 3,303 times 27 Legal Analyses
Granting consumers the right to rescind
Section 1638 - Transactions other than under an open end credit plan
15 U.S.C. § 1638 Cited 1,183 times 4 Legal Analyses
Describing TILA’s disclosure requirements for consumer credit transactions
Section 226.23 - Right of rescission
12 C.F.R. § 226.23 Cited 1,216 times 3 Legal Analyses
Granting extended right to cancel to "consumers" in the event of nondisclosures
Section 226.1 - Authority, purpose, coverage, organization, enforcement, and liability
12 C.F.R. § 226.1 Cited 825 times 5 Legal Analyses
Recognizing that Regulation Z was issued by the Board of Governors to implement the TILA
Section 226.17 - General disclosure requirements
12 C.F.R. § 226.17 Cited 540 times 1 Legal Analyses
Requiring that consumer receive a copy of TILA disclosures
Section 226.18 - Content of disclosures
12 C.F.R. § 226.18 Cited 531 times
Listing the required disclosures for variable rate
Section 226.19 - Certain mortgage and variable-rate transactions
12 C.F.R. § 226.19 Cited 114 times
Requiring that disclosures in mortgage transactions be delivered "not later than the third business day after the creditor receives the consumer's written application"
Appendix M2 to Part 226 - Sample Calculations of Repayment Disclosures
12 C.F.R. § 226 app M2 to Part 226 1 Legal Analyses
The following is an example of how to calculate the minimum payment repayment estimate, the minimum payment total cost estimate, the estimated monthly payment for repayment in 36 months, the total cost estimate for repayment in 36 months, and the savings estimate for repayment in 36 months using the guidance in Appendix M1 to this part where three annual percentage rates apply (where one of the rates is a promotional APR), the total outstanding balance is $1000, and the minimum payment formula is

Brooks v. Comunity Lending,Inc.,

18 Cited authorities

Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

Holding that the ninety-day notice requirement is jurisdictional

Holding that a district court's conclusory denial of leave to amend was an abuse of discretion

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Prohibiting unlawful business practices

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Granting consumers the right to rescind

Describing TILA’s disclosure requirements for consumer credit transactions

Granting extended right to cancel to "consumers" in the event of nondisclosures

Recognizing that Regulation Z was issued by the Board of Governors to implement the TILA

Requiring that consumer receive a copy of TILA disclosures

Listing the required disclosures for variable rate

Requiring that disclosures in mortgage transactions be delivered "not later than the third business day after the creditor receives the consumer's written application"