§Why CasetextPricing

Darryl M. Jones v. Christian Trust et al

NOTICE OF MOTION AND MOTION to Dismiss Case -- Notice of Motion and Motion to Dismiss Second Amended Complaint of Darryl M. Jones; Memorandum of Points and Authorities in Support, with Proof of Service

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 265,647 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 278,770 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,123 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,477 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'"

  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,343 times   3 Legal Analyses
    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

  6. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,413 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  7. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 966 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  8. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,186 times   1 Legal Analyses
    Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

  9. Rosenfeld v. JPMorgan Chase Bank, N.A.

    732 F. Supp. 2d 952 (N.D. Cal. 2010)   Cited 297 times
    Holding that injunctive relief is a remedy and not, in itself a cause of action

  10. Moeller v. Lien

    25 Cal.App.4th 822 (Cal. Ct. App. 1994)   Cited 421 times   2 Legal Analyses
    Holding "[t]he comprehensive statutory framework established to govern nonjudicial foreclosure sales is intended to be exhaustive"; declining to "incorporate" provision not set forth in statutory framework's "myriad" rules

  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 360,192 times   954 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 163,259 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,043 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 2924 - Exercise of power of sale

    Cal. Civ. Code § 2924   Cited 1,833 times   2 Legal Analyses
    Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"

  15. Section 761.020 - Requirements of complaint

    Cal. Code Civ. Proc. § 761.020   Cited 451 times
    Providing elements of an action for quiet title

  16. Section 3412 - Void or voidable written instruments

    Cal. Civ. Code § 3412   Cited 372 times
    Defining cancellation of instruments claim

  17. Section 2924b - Request for copy of notice of default and of sale

    Cal. Civ. Code § 2924b   Cited 233 times
    Providing that "any person designated in an executed substitution of trustee" may record a notice of default