§Why CasetextPricing

Nathan Terry et al v. Wells Fargo Bank NA et al

MOTION to Dismiss The Complaint, or in the Alternative, for a More Definite Statement; Memorandum of Points and Authorities in Support Thereof

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "

  3. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,802 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,035 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,729 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  6. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,069 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  7. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,682 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  8. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,318 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  9. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,422 times   22 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"

  10. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,655 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  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 346,412 times   923 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 2924 - Exercise of power of sale

    Cal. Civ. Code § 2924   Cited 1,812 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]"

  14. Section 1624 - Contracts deemed invalid unless note or memorandum in writing

    Cal. Civ. Code § 1624   Cited 1,318 times   4 Legal Analyses
    Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"

  15. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,032 times
    Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

  16. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 959 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

  17. Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan

    Cal. Civ. Code § 2923.6   Cited 875 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"

  18. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 409 times   3 Legal Analyses
    Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

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

    Cal. Civ. Code § 2923.7   Cited 404 times
    Discussing the nature of "single point of contact"

  20. 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