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Freiman v. Bank of America National Association et al

MOTION to Dismiss for Failure to State a Claim

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,575 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"

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,063 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,864 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  6. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,182 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  7. Mir v. Little Co. of Mary Hospital

    844 F.2d 646 (9th Cir. 1988)   Cited 766 times
    Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."

  8. Wall Street Network, Ltd. v. New York Times Co.

    164 Cal.App.4th 1171 (Cal. Ct. App. 2008)   Cited 392 times   1 Legal Analyses
    Holding that the essential elements of a breach of contract claim include either "plaintiff's performance or excuse for nonperformance"

  9. Chabner v. United of Omaha Life Ins. Co.

    225 F.3d 1042 (9th Cir. 2000)   Cited 422 times
    Holding that the Unruh Act prohibits an insurance company from imposing unreasonable pricing differentials based on an applicant's disability

  10. Pantoja v. Countrywide Home Loans, Inc.

    640 F. Supp. 2d 1177 (N.D. Cal. 2009)   Cited 314 times   1 Legal Analyses
    Holding that there is no express or implicit private right of action under TARP

  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 345,805 times   922 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 156,162 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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,274 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  16. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,442 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  17. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 959 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"