§Why CasetextPricing

Brown et al v. CitiMortgage, Inc.

MOTION to Dismiss and Memorandum of Law in Support Thereof

13 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 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 284,187 times   370 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,669 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,590 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,619 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

  6. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,556 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII

  7. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,769 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  8. Grossman v. Nationsbank

    225 F.3d 1228 (11th Cir. 2000)   Cited 802 times
    Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto

  9. Templin v. Quality Loan Serv. Corp.

    10-CV-1900-IEG (WVG) (S.D. Cal. Mar. 21, 2011)   Cited 12 times

    DIANNE BEALL FKA TEMPLIN, Plaintiff, v. QUALITY LOAN SERVICE CORP.; ONEWEST BANK, F.S.B.; and DOES 1-10, Defendants. No. 10-CV-1900-IEG (WVG) United States District Court, S.D. California. March 21, 2011 ORDER (1) GRANTING ONEWEST BANK, F.S.B.'S MOTION TO DISMISS (2) GRANTING PLAINTIFF'S MOTION TO SUBSTITUTE ATTORNEY [Doc. Nos. 16 & 25] IRMA E. GONZALEZ, Chief District Judge. Presently before the Court are Defendant OneWest Bank, F.S.B.'s ("OneWest") motion to dismiss pursuant to Federal Rules of

  10. 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 366,511 times   968 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 5,008 times   28 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  13. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,371 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605