§Why CasetextPricing

Jaishiri Mehta v. Wells Fargo Bank, N.A.

NOTICE OF MOTION AND MOTION to Dismiss Case

61 Cited authorities

  1. 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' "

  2. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,412 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  3. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,943 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Riegel v. Medtronic, Inc.

    552 U.S. 312 (2008)   Cited 1,030 times   62 Legal Analyses
    Holding that a State’s “‘requirements’” “includ[e] [the state’s] common-law duties”

  6. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,356 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  7. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,046 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  8. St. Amant v. Thompson

    390 U.S. 727 (1968)   Cited 1,768 times   2 Legal Analyses
    Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"

  9. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,529 times   3 Legal Analyses
    Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

  10. 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

  11. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,366 times   73 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  12. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,281 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  13. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,860 times   41 Legal Analyses
    Granting enforcement power to state and federal regulators

  14. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,303 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  15. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,135 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  16. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 726 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"

  17. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 646 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"

  18. 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

  19. Section 44 - Defamation

    Cal. Civ. Code § 44   Cited 269 times
    Stating "[d]efamation is effected by . . . [s]lander"

  20. Section 45a - Libel on its face

    Cal. Civ. Code § 45a   Cited 187 times
    Addressing libel on its face