§Why CasetextPricing

In re Hero Loan Litigation

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint

70 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 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' "

  3. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,702 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,229 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,276 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  6. Gregory v. Ashcroft

    501 U.S. 452 (1991)   Cited 991 times   2 Legal Analyses
    Holding Missouri's judicial age limitation of 70 rationally related to such legitimate purposes as avoiding laborious testing of older judges' physical and mental acuity, promoting orderly attrition of judges, and recognizing that judges' remoteness from public view makes determination of competency, and removal from office, more difficult than for other office-holders

  7. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,434 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  8. Bond v. United States

    572 U.S. 844 (2014)   Cited 354 times   8 Legal Analyses
    Holding that the Chemical Weapons Convention Implementation Act of 1998 does not reach the simple assault at issue in that case

  9. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,207 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

  10. Ford Motor Credit Co. v. Milhollin

    444 U.S. 555 (1980)   Cited 832 times
    Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational

  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 348,617 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,937 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,822 times   54 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”

  15. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,924 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  16. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,877 times   18 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  17. Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver

    Cal. Code Civ. Proc. § 340   Cited 1,570 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

  18. Section 1639 - Requirements for certain mortgages

    15 U.S.C. § 1639   Cited 994 times   2 Legal Analyses
    Describing information that must be disclosed to consumers by a creditor, including annual percentage rate and monthly payment

  19. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 990 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

  20. Section 1604 - Disclosure guidelines

    15 U.S.C. § 1604   Cited 475 times   5 Legal Analyses
    Empowering the Board to issue regulations not only necessary "to carry out the purposes of [the statute]," but also "necessary or proper . . . to prevent circumvention or evasion [of the statute], or to facilitate compliance therewith"

  21. Section 1026.36 - Prohibited acts or practices and certain requirements for credit secured by a dwelling

    12 C.F.R. § 1026.36   Cited 105 times   13 Legal Analyses
    Addressing mortgage servicer disclosure requirements in connection with processing of partial payments

  22. Section 1026.2 - Definitions and rules of construction

    12 C.F.R. § 1026.2   Cited 67 times   35 Legal Analyses
    Defining "consummation"

  23. Section 1026.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 1026.1   Cited 35 times   7 Legal Analyses
    Limiting coverage of TILA to extensions of credit to consumers