66 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,349 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Skinner v. Switzer
562 U.S. 521 (2011) Cited 3,014 times 3 Legal Analyses
Holding that Rooker-Feldman does not stop a prisoner's § 1983 challenge to a state statute
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,323 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"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,809 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 2,481 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"
Cervantes v. Countrywide Home Loans, Inc.
656 F.3d 1034 (9th Cir. 2011) Cited 1,435 times 3 Legal Analyses
Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"
Bonin v. Calderon
59 F.3d 815 (9th Cir. 1995) Cited 2,092 times 8 Legal Analyses
Holding "that a district court does not abuse its discretion in denying a motion to amend where the movant presents no new facts but only new theories and provides no satisfactory explanation for his failure to fully develop his contentions originally"
Republic of the Phil. v. Pimentel
553 U.S. 851 (2008) Cited 321 times 6 Legal Analyses
Holding that the lower courts erred in their analysis of Rule 19(b)'s first factor by "not according] proper weight to the compelling claim of sovereign immunity"
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 361,487 times 960 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 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,128 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,400 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,261 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,794 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 995 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"
Section 1710 - Deceit defined
Cal. Civ. Code § 1710 Cited 907 times 2 Legal Analyses
Defining "deceit"
Section 3300 - Generally
Cal. Civ. Code § 3300 Cited 692 times 1 Legal Analyses
Noting the appropriate measure is "the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom"
Section 2923.7 - [Effective Until 1/1/2025] Establishment of single point of contact upon borrower requesting foreclosure prevention alternative
Cal. Civ. Code § 2923.7 Cited 409 times
Discussing the nature of "single point of contact"

Dowling v. Bank of America, National Association et al

66 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that Rooker-Feldman does not stop a prisoner's § 1983 challenge to a state statute

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 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 plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"

Holding "that a district court does not abuse its discretion in denying a motion to amend where the movant presents no new facts but only new theories and provides no satisfactory explanation for his failure to fully develop his contentions originally"

Holding that the lower courts erred in their analysis of Rule 19(b)'s first factor by "not according] proper weight to the compelling claim of sovereign immunity"

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. . . ."

Requiring that fraud be pleaded with particularity

Prohibiting unlawful business practices

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

Defining "deceit"

Noting the appropriate measure is "the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom"

Discussing the nature of "single point of contact"