10 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,314 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,259 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' "
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 15,975 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'"
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,898 times 4 Legal Analyses
Holding that a court need not accept as true "allegations that are merely conclusory"
Bernheim v. Litt
79 F.3d 318 (2d Cir. 1996) Cited 879 times 1 Legal Analyses
Holding that the "issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims"
Balderas v. Countrywide Bank, N.A.
664 F.3d 787 (9th Cir. 2011) Cited 26 times
Holding that notice that provides the wrong rescission date violates TILA
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 345,449 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,819 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 2923.5 - Requirements for recording notice of default
Cal. Civ. Code § 2923.5 Cited 1,195 times 8 Legal Analyses
Setting forth requirements that must be satisfied before recording a notice of default
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 874 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"

Jose Luis Garcia v. JPMorgan Chase Bank, N.A. et al

10 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 that a court need not accept as true "allegations that are merely conclusory"

Holding that the "issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims"

Holding that notice that provides the wrong rescission date violates TILA

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

Prohibiting unlawful business practices

Setting forth requirements that must be satisfied before recording a notice of default

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"