§Why CasetextPricing

Jeanny T. Chan v. Bank of America N.A. et al

NOTICE OF MOTION AND MOTION to Dismiss Case -- Defendant Bank of America, N.A.'s Notice of Motion and Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities --

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,812 times   441 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,267 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. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,346 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  6. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,305 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  7. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,215 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

  8. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 957 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  9. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 710 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  10. Gomes v. Countrywide Home Loans, Inc.

    192 Cal.App.4th 1149 (Cal. Ct. App. 2011)   Cited 607 times   4 Legal Analyses
    Holding that a plaintiff has no right to sue to contest the foreclosing beneficiary's authority to initiate or conduct a nonjudicial foreclosure because California's framework does not permit "a court action to determine whether the owner of the Note has authorized its nominee to initiate the foreclosure process" as "recognition of the right to [do so] would fundamentally undermine the nonjudicial nature of the process

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,123 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 2924 - Exercise of power of sale

    Cal. Civ. Code § 2924   Cited 1,826 times   2 Legal Analyses
    Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"

  17. Section 1060 - Generally

    Cal. Code Civ. Proc. § 1060   Cited 1,202 times   1 Legal Analyses
    Allowing a party who desires a declaration of his or her rights or duties with respect to another to ask for such a declaration, either alone or with other relief

  18. Section 2923.7 - Establishment of single point of contact upon borrower requesting foreclosure prevention alternative

    Cal. Civ. Code § 2923.7   Cited 406 times
    Discussing the nature of "single point of contact"