67 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 times 279 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,695 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"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,523 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"
Lopez v. Smith
203 F.3d 1122 (9th Cir. 2000) Cited 23,875 times 1 Legal Analyses
Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,729 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,599 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"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,556 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,422 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"
Shroyer v. New Cingular Wireless Services
622 F.3d 1035 (9th Cir. 2010) Cited 1,361 times
Holding that fraud claims were pled with particularity when the allegations concerned a "relatively definite time frame" identifiable by discrete events, even though exact dates were not provided
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 346,412 times 923 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 156,480 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,683 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,956 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,077 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,850 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,219 times 83 Legal Analyses
Defining debt collector
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 959 times 4 Legal Analyses
Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"
Section 1788.17 - Applicability of United States Code provisions to debt collectors
Cal. Civ. Code § 1788.17 Cited 525 times
Incorporating federal FDCPA provisions
Section 425.10 - Requirements of complaint or cross-complaint; amount demanded in damages not stated
Cal. Code Civ. Proc. § 425.10 Cited 336 times
Requiring complaint to contain " statement of the facts constituting the cause of action, in ordinary and concise language"

David Doherty et al v. Nationstar Mortgage LLC, et al.

67 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

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"

Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

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"

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

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"

Holding that fraud claims were pled with particularity when the allegations concerned a "relatively definite time frame" identifiable by discrete events, even though exact dates were not provided

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. . . ."

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

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Allowing service by filing papers with the court's electronic-filing system

Prohibiting unlawful business practices

Defining debt collector

Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

Incorporating federal FDCPA provisions

Requiring complaint to contain " statement of the facts constituting the cause of action, in ordinary and concise language"