§Why CasetextPricing

Felma Hurdle v. Citimortgage, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,525 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,106 times   4 Legal Analyses
    Holding that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period

  5. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 942 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  6. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 881 times   3 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  7. Nelson v. Chase Manhattan Mortgage Corp.

    282 F.3d 1057 (9th Cir. 2002)   Cited 419 times
    Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"

  8. Izenberg v. ETS Services, LLC

    589 F. Supp. 2d 1193 (C.D. Cal. 2008)   Cited 306 times
    Holding plaintiff could not rely on prospective injuries to establish RICO standing

  9. Deandrade v. Trans Union LLC

    523 F.3d 61 (1st Cir. 2008)   Cited 180 times   3 Legal Analyses
    Holding the question of whether a consumer is entitled to stop making debt payments "can only be resolved by a court of law" and is "a legal issue that a credit agency such as Trans Union is neither qualified nor obligated to resolve under the FCRA"

  10. City of Manhattan Beach v. Superior Court (Farquhar)

    13 Cal.4th 232 (Cal. 1996)   Cited 170 times
    Finding that unless the interpretation of a written instrument turns upon the credibility of extrinsic evidence, de novo review is proper

  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 344,659 times   920 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 155,577 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,438 times   25 Legal Analyses
    Describing "any item of information contained in a consumer's file"

  14. Section 1785.25 - Information not complete or inaccurate

    Cal. Civ. Code § 1785.25   Cited 310 times   3 Legal Analyses
    Prohibiting reporting of information that is known to be incomplete or inaccurate

  15. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 291 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"

  16. Section 1788.1 - Legislative findings; purpose of title

    Cal. Civ. Code § 1788.1   Cited 211 times

    (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. (2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness,