62 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 268,241 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 281,183 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
Auer v. Robbins
519 U.S. 452 (1997) Cited 2,389 times 100 Legal Analyses
Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,327 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Long Island Care at Home v. Coke
551 U.S. 158 (2007) Cited 341 times 22 Legal Analyses
Holding authorization for Secretary of Labor to "prescribe necessary rules, regulations, and orders" provided the Department of Labor "with the power to fill [explicit statutory] gaps"
Pareto v. Federal Deposit Insurance Corp.
139 F.3d 696 (9th Cir. 1998) Cited 1,231 times 1 Legal Analyses
Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)
Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 942 times
Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
Carma Developers, Inc. v. Marathon Development California, Inc.
2 Cal.4th 342 (Cal. 1992) Cited 791 times
Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith
Mir v. Little Co. of Mary Hospital
844 F.2d 646 (9th Cir. 1988) Cited 793 times
Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."
Silvas v. E*Trade Mortgage Corp.
514 F.3d 1001 (9th Cir. 2008) Cited 403 times
Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)
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 363,084 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,692 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,465 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 2923.5 - [Effective Until 1/1/2025] Requirements for recording notice of default
Cal. Civ. Code § 2923.5 Cited 1,202 times 9 Legal Analyses
Setting forth requirements that must be satisfied before recording a notice of default
Section 1464 - Federal savings associations
12 U.S.C. § 1464 Cited 963 times 8 Legal Analyses
Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 1,000 times 4 Legal Analyses
Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 885 times 3 Legal Analyses
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 1461 - Short title
12 U.S.C. § 1461 Cited 737 times 3 Legal Analyses
Providing for the establishment of federally chartered savings and loan associations
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 420 times 3 Legal Analyses
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
Cal. Civ. Code § 2923.7 Cited 409 times
Discussing the nature of "single point of contact"

Carley et al v. Wells Fargo Bank et al

62 Cited authorities

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

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

Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding authorization for Secretary of Labor to "prescribe necessary rules, regulations, and orders" provided the Department of Labor "with the power to fill [explicit statutory] gaps"

Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith

Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."

Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)

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

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

Prohibiting unlawful business practices

Setting forth requirements that must be satisfied before recording a notice of default

Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts

Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

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"

Providing for the establishment of federally chartered savings and loan associations

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"

Discussing the nature of "single point of contact"