§Why CasetextPricing

Emily Hogan et al v. ADT LLC

MEMORANDUM in Opposition to MOTION for Summary Judgment as to All Claims 75

53 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,893 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,035 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,978 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Mourning v. Family Publications Service, Inc.

    411 U.S. 356 (1973)   Cited 812 times   2 Legal Analyses
    Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"

  5. Rubio v. Capital One Bank

    613 F.3d 1195 (9th Cir. 2010)   Cited 400 times   2 Legal Analyses
    Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing

  6. Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc.

    162 Wn. 2d 59 (Wash. 2007)   Cited 265 times   2 Legal Analyses
    Holding that, to satisfy the causation element, a CPA plaintiff must "establish that but for the defendant's unfair or deceptive act or practice the plaintiff's injury would not have occurred"

  7. Morris v. Redwood Empire Bancorp

    128 Cal.App.4th 1305 (Cal. Ct. App. 2005)   Cited 157 times
    Holding that contract provision in question was not a liquidated damages provision, and not applying Civ. Code § 1671

  8. Hargis v. Access Capital Funding, LLC

    674 F.3d 783 (8th Cir. 2012)   Cited 127 times
    Holding that removal under CAFA was appropriate though on appeal the plaintiff tries to restrict the class to fall below the jurisdictional amount in controversy requirement

  9. Huch v. Charter Communications, Inc.

    290 S.W.3d 721 (Mo. 2009)   Cited 126 times
    Holding that the voluntary payment doctrine was not available as a defense in an action under the Missouri Merchandising Practices Act, § 407.025, Mo. Rev. Stat.

  10. Plascencia v. Lending 1st Mortg.

    583 F. Supp. 2d 1090 (N.D. Cal. 2008)   Cited 103 times
    Holding TILA violation actionable under section 17200

  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,806 times   315 Legal Analyses
    Prohibiting unlawful business practices

  12. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,797 times   52 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

  13. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,910 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  14. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,303 times   27 Legal Analyses
    Granting consumers the right to rescind

  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,665 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  16. Section 1671 - Validity of liquidated damages provision

    Cal. Civ. Code § 1671   Cited 496 times   17 Legal Analyses
    Invalidating unreasonable liquidated damages

  17. Section 1670 - Resolution of dispute arising from construction contract with public agency

    Cal. Civ. Code § 1670   Cited 222 times

    Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party's agent or employee shall decide any disputes arising under that contract, shall be resolved by submitting the dispute to independent arbitration, if mutually agreeable, otherwise by litigation in a court of competent jurisdiction. Ca. Civ. Code § 1670 Added by Stats. 1978, Ch. 1374.

  18. Section 1635 - Generally

    Cal. Civ. Code § 1635   Cited 180 times   2 Legal Analyses
    Codifying these interpretive principles

  19. Section 3 CCR 714-1-C-1

    3 Colo. Code Regs. § 714-1-C-1   Cited 3 times

    In addition to the dealer application form, the following documents shall be submitted by the applicant for a dealer's license: a. If there is more than one business site, a declaration of multiple places of business. b. If a corporation, a copy of the corporate minutes naming the applicant as dealer-designee. c. If a corporation, a corporation application and a copy of the certificate of incorporation issued by the Secretary of the State. If the corporation is foreign, a copy of the certificate