30 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,254 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,408 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,420 times 23 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"
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 602 times 4 Legal Analyses
Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”
Lona v. Citibank, N.A.
202 Cal.App.4th 89 (Cal. Ct. App. 2011) Cited 521 times
Holding that where the trustee's deed is void on its face, tender is not required
Durell v. Sharp Healthcare
183 Cal.App.4th 1350 (Cal. Ct. App. 2010) Cited 535 times 3 Legal Analyses
Holding that actual reliance is an element of CUCL claims under the unlawful prong
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
Knapp v. Doherty
123 Cal.App.4th 76 (Cal. Ct. App. 2004) Cited 326 times 1 Legal Analyses
Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."
Moeller v. Lien
25 Cal.App.4th 822 (Cal. Ct. App. 1994) Cited 419 times 2 Legal Analyses
Holding "[t]he comprehensive statutory framework established to govern nonjudicial foreclosure sales is intended to be exhaustive"; declining to "incorporate" provision not set forth in statutory framework's "myriad" rules
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,016 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 2924.17 - Recording documents
Cal. Civ. Code § 2924.17 Cited 293 times 1 Legal Analyses
Prohibiting the recording of foreclosure documents without verifying the right to foreclose and including inaccurate information in foreclosure-related filings

Lundy v. Selene Finance, LP et al

30 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

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"

Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

Holding that where the trustee's deed is void on its face, tender is not required

Holding that actual reliance is an element of CUCL claims under the unlawful prong

Holding that injunctive relief is a remedy and not, in itself a cause of action

Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."

Holding "[t]he comprehensive statutory framework established to govern nonjudicial foreclosure sales is intended to be exhaustive"; declining to "incorporate" provision not set forth in statutory framework's "myriad" rules

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Allowing service by filing papers with the court's electronic-filing system

Prohibiting the recording of foreclosure documents without verifying the right to foreclose and including inaccurate information in foreclosure-related filings