§Why CasetextPricing

Erhart v. Bofi Holding Inc.

MOTION to Dismiss First, Second, Fourth, Seventh, Eighth and Ninth Claims in the First Amended Complaint, MOTION to Strike Under FRCP 12

67 Cited authorities

  1. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,837 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

  2. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,082 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'"

  3. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,257 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

  4. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,764 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  5. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,366 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  6. Pereira v. United States

    347 U.S. 1 (1954)   Cited 1,324 times   1 Legal Analyses
    Holding that since the fraudulently obtained checks had to be sent to an out-of-state bank for collection, the petitioner was guilty of violating § 2314 because he "`caused' [the check] to be transported in interstate commerce"

  7. Van Asdale v. Intern. Game Techn

    577 F.3d 989 (9th Cir. 2009)   Cited 466 times   11 Legal Analyses
    Holding that a covered whistleblower need only demonstrate a reasonable belief that the "conduct being reported violated a listed law"

  8. Miklosy v. Regents of University of California

    44 Cal.4th 876 (Cal. 2008)   Cited 460 times   1 Legal Analyses
    Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result

  9. Sidney-Vinstein v. A.H. Robins Co.

    697 F.2d 880 (9th Cir. 1983)   Cited 979 times
    Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments

  10. Janken v. GM Hughes Electronics

    46 Cal.App.4th 55 (Cal. Ct. App. 1996)   Cited 536 times
    Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,039 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,638 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,925 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 1343 - Civil rights and elective franchise

    28 U.S.C. § 1343   Cited 13,853 times   1 Legal Analyses
    Granting district courts jurisdiction over "any civil action authorized by law"

  17. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,446 times   104 Legal Analyses
    Relating to mail fraud

  18. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,053 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  19. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 4,944 times   60 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

  20. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,727 times   39 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings

  21. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,226 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"

  22. Section 1980.104 - Investigation

    29 C.F.R. § 1980.104   Cited 103 times   4 Legal Analyses
    Stating that a complaint may be "supplemented as appropriate through interviews of the complainant"