§Why CasetextPricing

Dondi C. Stevens v. U.S. Bank, National Association et al

NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities in support thereof

83 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 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 282,303 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. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,599 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  4. Federated Department Stores, Inc. v. Moitie

    452 U.S. 394 (1981)   Cited 2,980 times   5 Legal Analyses
    Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 4,041 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  6. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,341 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  7. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,382 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

  8. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,961 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  9. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,368 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  10. Agency Holding Corp. v. Malley-Duff Assocs

    483 U.S. 143 (1987)   Cited 1,202 times   1 Legal Analyses
    Holding that civil RICO actions are subject to a four-year statute of limitations

  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 364,364 times   963 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 165,340 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. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,223 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 20,540 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,275 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 9,058 times   82 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  17. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 5,000 times   28 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

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

    15 U.S.C. § 1635   Cited 3,355 times   27 Legal Analyses
    Granting consumers the right to rescind

  19. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 1,001 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"

  20. Section 17208 - Statute of limitations

    Cal. Bus. & Prof. Code § 17208   Cited 643 times   2 Legal Analyses
    Governing UCL claims