35 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. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,170 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."
  4. 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
  5. Owens v. Kaiser Found. Health Plan, Inc.

    244 F.3d 708 (9th Cir. 2001)   Cited 1,915 times
    Holding that defendant was not estopped from raising untimely res judicata defense
  6. Harris v. Cnty. of Orange

    682 F.3d 1126 (9th Cir. 2012)   Cited 1,181 times   1 Legal Analyses
    Holding that the court "may take judicial notice of undisputed matters of public record . . . including documents on file in federal or state courts"
  7. Stewart v. U.S. Bancorp

    297 F.3d 953 (9th Cir. 2002)   Cited 743 times   1 Legal Analyses
    Holding that plaintiffs bear the “burden to amend their complaint” to assert claims that are not preempted by ERISA
  8. Kachlon v. Markowitz

    168 Cal.App.4th 316 (Cal. Ct. App. 2008)   Cited 377 times
    Holding that California Civil Code "section 2924 deems the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications under the qualified common-interest privilege of section 47, subdivision (c)."
  9. 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
  10. Secrest v. Security National Mortgage Loan Trust 2002-2

    167 Cal.App.4th 544 (Cal. Ct. App. 2008)   Cited 213 times   2 Legal Analyses
    Holding that "an agreement by which a lender agreed to forbear from exercising the right of foreclosure under a deed of trust securing an interest in real property comes within the statute of frauds"
  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,355 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  14. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,165 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"
  15. 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]"
  16. 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"
  17. Section 1698 - Contract in writing

    Cal. Civ. Code § 1698   Cited 524 times   3 Legal Analyses
    Addressing oral modification, waiver, and estoppel
  18. Section 1788.1 - Legislative findings; purpose of title

    Cal. Civ. Code § 1788.1   Cited 211 times

    (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. (2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness,

  19. Section 2922 - Writing executed with formalities required in case of grant of real property

    Cal. Civ. Code § 2922   Cited 87 times
    Providing that a "mortgage can be created, renewed, or extended, only by writing, executed with the formalities required in the case of a grant of real property"