53 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 20,343 times   2 Legal Analyses
    Holding that executive branch officers had qualified immunity
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 53,887 times   28 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,126 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"
  6. Hartford Fire Ins. Co. v. California

    509 U.S. 764 (1993)   Cited 530 times   7 Legal Analyses
    Holding that allegation that defendant insurers and reinsurers told "groups of insurance brokers and agents . . . that a reinsurance boycott, and thus loss of income to the agents and brokers who would be unable to find available markets for their customers, would ensue" if the terms desired by defendants in commercial general liability insurance were not approved, was a boycott under the McCarran-Ferguson Act
  7. Cervantes v. Countrywide Home Loans, Inc.

    656 F.3d 1034 (9th Cir. 2011)   Cited 1,045 times   3 Legal Analyses
    Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"
  8. Md. Casualty Co. v. Pacific Co.

    312 U.S. 270 (1941)   Cited 2,590 times   7 Legal Analyses
    Holding that declaratory judgment action was ripe where state action was pending, and state law gave party the right to sue the other
  9. Ashwander v. Valley Authority

    297 U.S. 288 (1936)   Cited 2,215 times   5 Legal Analyses
    Holding that the "Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of"
  10. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 655 times   2 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL
  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 270,437 times   785 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,872 times   58 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 5,293 times   180 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"
  14. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,471 times   20 Legal Analyses
    Requiring that a servicer "make appropriate corrections in the account of the borrower"
  15. Section 47 - Privileged publication or broadcast

    Cal. Civ. Code § 47   Cited 2,980 times   23 Legal Analyses
    Codifying California's litigation privilege
  16. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,598 times   105 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency
  17. Section 17204 - Actions for injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 1,457 times   13 Legal Analyses
    Standing under the UCL requires plaintiff's injury to occur "as a result of" defendant's misconduct
  18. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,284 times   14 Legal Analyses
    Requiring notice of an assignment of a mortgage to a borrower within 30 days of the assignment
  19. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,262 times   49 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services
  20. Section 2603 - Uniform settlement statement

    12 U.S.C. § 2603   Cited 226 times   2 Legal Analyses
    Mandating that the HUD-1 "shall conspicuously and clearly itemize all charges imposed upon the borrower"
  21. Section 3701 - Standards of Professional Appraisal Practice

    Cal. Code Regs. tit. 10 § 3701   Cited 2 times
    Requiring every REALCL licensee to "conform and observe the [USPAP]"
  22. Section 564.5 - Information filing; agency processing of filings

    49 C.F.R. § 564.5

    (a) Each manufacturer of a motor vehicle, original equipment headlamp, or original equipment headlamp replaceable light source, which intends to manufacture a replaceable light source as original equipment or to incorporate a replaceable light source in its headlamps or motor vehicles, shall furnish the information specified in appendix A. If the rated laboratory life of the light source is not less than 2,000 hours, the manufacturer shall furnish the information specified in either appendix A or