§Why CasetextPricing

Dyan Hill v. Ocwen Loan Servicing, Llc et al

NOTICE OF MOTION AND MOTION to Dismiss Case Complaint

35 Cited authorities

  1. 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

  2. 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

  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,514 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'"

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,357 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

  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,350 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  6. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,617 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  7. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,102 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

  8. 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"

  9. Lazy Y Ranch Ltd. v. Behrens

    546 F.3d 580 (9th Cir. 2008)   Cited 1,365 times   3 Legal Analyses
    Holding that courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”

  10. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,891 times
    Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

  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 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

  12. 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. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,400 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. 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 1,547 times
    Establishing three-year statute of limitations for California fraud claim

  15. 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"

  16. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 419 times   3 Legal Analyses
    Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

  17. 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"

  18. Section 2923.4 - Purpose of act

    Cal. Civ. Code § 2923.4   Cited 153 times
    Explaining that "the purpose of [HOBR] . . . is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options," but that nothing in HOBR "require a particular result of that process"

  19. Section 2943 - Beneficiary statement or payout demand statement

    Cal. Civ. Code § 2943   Cited 147 times   1 Legal Analyses
    Setting forth, inter alia, requirements pertaining to "short-pay agreement" and related transactions