§Why CasetextPricing

Davenport et al v. Washington Mutual Bank, FA

MOTION to Dismiss Complaint

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,666 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,095 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,274 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  6. O'Melveny & Myers v. Federal Deposit Insurance

    512 U.S. 79 (1994)   Cited 894 times   3 Legal Analyses
    Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute

  7. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,433 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  8. Jesinoski v. Countrywide Home Loans, Inc.

    574 U.S. 259 (2015)   Cited 267 times   6 Legal Analyses
    Holding that a borrower must serve notice of rescission, but need not file suit, within § 1635(f)'s three-year period

  9. Mack v. S. Bay Beer Distribs., Inc.

    798 F.2d 1279 (9th Cir. 1986)   Cited 2,377 times
    Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency

  10. Wilson v. Hewlett–Packard Co.

    668 F.3d 1136 (9th Cir. 2012)   Cited 795 times   5 Legal Analyses
    Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard

  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 348,310 times   930 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,526 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,679 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,923 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,820 times   54 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”

  17. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,308 times   27 Legal Analyses
    Granting consumers the right to rescind

  18. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,941 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  19. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,877 times   18 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  20. Section 1811 - Federal Deposit Insurance Corporation

    12 U.S.C. § 1811   Cited 420 times   7 Legal Analyses
    Defining “the Corporation” as the FDIC

  21. 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