19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,498 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,239 times 367 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' "
Beach v. Ocwen Fed. Bank
523 U.S. 410 (1998) Cited 995 times 9 Legal Analyses
Holding "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period"
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,723 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Parrino v. FHP, Inc.
146 F.3d 699 (9th Cir. 1998) Cited 1,259 times 3 Legal Analyses
Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity
Yamamoto v. Bank of New York
329 F.3d 1167 (9th Cir. 2003) Cited 440 times 1 Legal Analyses
Holding that when applying TILA the district court has "the discretion to condition rescission on tender by the borrower of the property"
Shaw v. Hahn
56 F.3d 1128 (9th Cir. 1995) Cited 496 times 1 Legal Analyses
Finding privity when the interests of the party in the subsequent action were shared with and adequately represented by the party in the former action
McOmie-Gray v. Bank of America Home Loans
667 F.3d 1325 (9th Cir. 2012) Cited 101 times 3 Legal Analyses
Holding the three-year statute of repose is an "absolute limitation" on recission actions
Falcocchia v. Saxon Mortg., Inc.
709 F. Supp. 2d 860 (E.D. Cal. 2010) Cited 32 times
Finding Plaintiffs' RESPA claim accrued when Defendants failed to respond to the written request
Alexander v. Wells Fargo Bank, N.A.
CASE NO. C15-459RAJ (W.D. Wash. Aug. 31, 2015) Cited 6 times
Dismissing the FDCPA claims because the complaint did not allege that defendants' “principal business is to collect debts or that they regularly do so on behalf of others”
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 348,810 times 931 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,777 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1640 - Civil liability
15 U.S.C. § 1640 Cited 4,925 times 25 Legal Analyses
Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
Section 1635 - Right of rescission as to certain transactions
15 U.S.C. § 1635 Cited 3,308 times 27 Legal Analyses
Granting consumers the right to rescind
Section 226.23 - Right of rescission
12 C.F.R. § 226.23 Cited 1,216 times 3 Legal Analyses
Granting extended right to cancel to "consumers" in the event of nondisclosures
Section 226.2 - Definitions and rules of construction
12 C.F.R. § 226.2 Cited 866 times 1 Legal Analyses
Defining "consumer credit"

Hoang et al v. Bank of America, N.A. et al

19 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period"

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that when applying TILA the district court has "the discretion to condition rescission on tender by the borrower of the property"

Finding privity when the interests of the party in the subsequent action were shared with and adequately represented by the party in the former action

Holding the three-year statute of repose is an "absolute limitation" on recission actions

Finding Plaintiffs' RESPA claim accrued when Defendants failed to respond to the written request

Dismissing the FDCPA claims because the complaint did not allege that defendants' “principal business is to collect debts or that they regularly do so on behalf of others”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

Granting consumers the right to rescind

Granting extended right to cancel to "consumers" in the event of nondisclosures

Defining "consumer credit"