§Why CasetextPricing

Dondi Stevens v. Dess Richardson, Esquire et al

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon which Relief Can be Granted

37 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. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,686 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  4. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,352 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,630 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'"

  6. 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

  7. Hells Canyon Preservation Council v. United States Forest Service

    403 F.3d 683 (9th Cir. 2005)   Cited 2,646 times
    Holding that under some circumstances "courts may dismiss under Rule 41(b) sua sponte"

  8. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,113 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

  9. Leadsinger, Inc. v. BMG Music Publishing

    512 F.3d 522 (9th Cir. 2008)   Cited 1,470 times   1 Legal Analyses
    Holding that a court may deny leave to amend where amendment would be futile

  10. Lazy Y Ranch Ltd. v. Behrens

    546 F.3d 580 (9th Cir. 2008)   Cited 1,367 times   3 Legal Analyses
    Holding that courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”

  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   964 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,338 times   338 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,309 times   144 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,073 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  16. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,218 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  17. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,491 times   39 Legal Analyses
    Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"

  18. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,950 times   22 Legal Analyses
    Prohibiting debt collectors from engaging "in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt"

  19. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,558 times
    Establishing three-year statute of limitations for California fraud claim

  20. Section 470 - Forgery

    Cal. Pen. Code § 470   Cited 1,378 times
    Defining the crime of forgery