§Why CasetextPricing

Earl v. Freedom Home Mortgage Corporation, et al

MOTION to Dismiss Case

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 58,105 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 11,023 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  5. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,287 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  6. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,427 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  7. D. H. Overmyer Co. v. Frick Co.

    405 U.S. 174 (1972)   Cited 510 times
    Holding that the presence of consideration constitutes some evidence of a waiver

  8. Graham v. Scissor-Tail, Inc.

    28 Cal.3d 807 (Cal. 1981)   Cited 298 times
    Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"

  9. Advanced Cardiovascular v. Scimed Life

    988 F.2d 1157 (Fed. Cir. 1993)   Cited 203 times   2 Legal Analyses
    Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

  10. Broemmer v. Abortion Services of Phoenix

    173 Ariz. 148 (Ariz. 1992)   Cited 112 times
    Holding that adhesion contract is valid and enforceable unless it is otherwise unconscionable or beyond the range of reasonable expectations

  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 361,353 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 163,831 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 33-811 - Payment of bid; trustee's deed

    Ariz. Rev. Stat. § 33-811   Cited 266 times   6 Legal Analyses
    Providing trustor waives all defenses and objections to trustee's sale if injunction not obtained prior to sale

  14. Section 33-807 - Sale of trust property; power of trustee; foreclosure of trust deed

    Ariz. Rev. Stat. § 33-807   Cited 195 times   2 Legal Analyses
    Granting the trustee the "power of sale"

  15. Rule 56 - Summary Judgment

    Ariz. R. Civ. P. 56   Cited 1,257 times

    (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought. The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. (b) Time to File a Motion

  16. Rule 60 - Relief from Judgment or Order

    Ariz. R. Civ. P. 60   Cited 429 times

    (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with notice. But after an appeal has been filed and while it is pending in the appellate court, such a mistake may be corrected only with the appellate court's leave. After a mistake in the judgment is corrected, execution must conform

  17. Rule 65 - Injunctions and Restraining Orders

    Ariz. R. Civ. P. 65   Cited 87 times

    (a) Preliminary Injunction or Temporary Restraining Order. (1)Notice. Except as provided in Rule 65(b), the court may issue a preliminary injunction or a temporary restraining order only with notice to the adverse party. (2)Consolidating the Hearing with the Trial on the Merits. (A) Before or after beginning the hearing on a motion for a preliminary injunction, and with reasonable notice to the parties, the court may advance the trial on the merits and consolidate it with the hearing on the motion