§Why CasetextPricing

Ivey v. Chase Bank

MOTION to Dismiss Complaint; Memorandum of Points and Authorities in Support of Same

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,816 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  4. Bautista v. Los Angeles County

    216 F.3d 837 (9th Cir. 2000)   Cited 1,681 times
    Holding that dismissal for failure to comply with Federal Rules of Civil Procedure is within the court's discretion

  5. Daugherty v. American Honda Motor Co., Inc.

    144 Cal.App.4th 824 (Cal. Ct. App. 2006)   Cited 564 times   7 Legal Analyses
    Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

  6. Stanard v. Nygren

    658 F.3d 792 (7th Cir. 2011)   Cited 479 times
    Holding that a court need not allow the filing of an amended complaint "where the amendment would be futile"

  7. Californians for Disability Rights v. Mervyn's LLC

    39 Cal.4th 223 (Cal. 2006)   Cited 416 times   1 Legal Analyses
    Referring to "uninjured persons" suing under the UCL as "private attorneys general"

  8. Rosenfeld v. JPMorgan Chase Bank, N.A.

    732 F. Supp. 2d 952 (N.D. Cal. 2010)   Cited 290 times
    Holding that injunctive relief is a remedy and not, in itself a cause of action

  9. Morgan v. AT&T Wireless Services Inc.

    177 Cal.App.4th 1235 (Cal. Ct. App. 2009)   Cited 250 times
    Holding "a fraudulent business practice is one that is likely to deceive members of the public"

  10. Khoury v. Maly's of California, Inc.

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 379 times
    Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

  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 346,412 times   923 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 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; violation of FPA or Forestry and Fire Protection rules and regulations

    Cal. Code Civ. Proc. § 338   Cited 1,483 times
    Setting three-year statute of limitations for a liability based on statute like the CSA

  15. Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan

    Cal. Civ. Code § 2923.6   Cited 875 times   3 Legal Analyses
    Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

  16. Section 17208 - Statute of limitations

    Cal. Bus. & Prof. Code § 17208   Cited 631 times   2 Legal Analyses
    Governing UCL claims

  17. Section 2924.11 - Foreclosure prevention alternatives; effect of approval

    Cal. Civ. Code § 2924.11   Cited 159 times
    Prohibiting dual-tracking

  18. Section 2920 - Mortgage defined

    Cal. Civ. Code § 2920   Cited 110 times
    Distinguishing mortgage from deed of trust for certain purposes under California state law