35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,570 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 275,856 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
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,357 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'"
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,314 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
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,330 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,601 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Emrich v. Touche Ross Co.
846 F.2d 1190 (9th Cir. 1988) Cited 4,086 times
Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,462 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"
Lazy Y Ranch Ltd. v. Behrens
546 F.3d 580 (9th Cir. 2008) Cited 1,350 times 3 Legal Analyses
Holding that courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”
Moore v. Kayport Package Exp., Inc.
885 F.2d 531 (9th Cir. 1989) Cited 1,874 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"
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 356,916 times 947 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 161,536 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,228 times 315 Legal Analyses
Prohibiting unlawful business practices
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 1,528 times
Providing for a three-year limitations period for “[a]n action for trespass upon or injury to real property”
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 985 times 4 Legal Analyses
Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 416 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"
Section 2923.7 - Establishment of single point of contact upon borrower requesting foreclosure prevention alternative
Cal. Civ. Code § 2923.7 Cited 408 times
Discussing the nature of "single point of contact"
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
Section 2923.4 - Purpose of act
Cal. Civ. Code § 2923.4 Cited 151 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"

Dyan Hill v. Ocwen Loan Servicing, Llc et al

35 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 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

Holding that circumstances constituting fraud must be stated with particularity

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

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 courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”

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"

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. . . ."

Prohibiting unlawful business practices

Providing for a three-year limitations period for “[a]n action for trespass upon or injury to real property”

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

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"

Discussing the nature of "single point of contact"

Setting forth, inter alia, requirements pertaining to "short-pay agreement" and related transactions

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"