§Why CasetextPricing

Obduskey v. Wells Fargo et al

RESPONSE to 14 MOTION to Dismiss

12 Cited authorities

  1. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.

    62 P.3d 142 (Colo. 2003)   Cited 237 times
    Finding that a developer's widespread advertisements of untrue facts had a significant public impact

  2. Colorado Coffee Bean v. Peaberry Coffee Inc.

    251 P.3d 9 (Colo. App. 2010)   Cited 39 times
    Holding that the second factor implicating the consumer's sophistication was not established when the plaintiff failed to present evidence that its customer was sophisticated

  3. Mtg. Investments v. Battle Mountain

    70 P.3d 1176 (Colo. 2003)   Cited 47 times
    Holding that the six-year prescription in Section 103.5 governs a claim for a default on a promissory note

  4. Davidson v. Dill

    180 Colo. 123 (Colo. 1972)   Cited 80 times   1 Legal Analyses
    Concluding that courts have inherent authority to expunge where the harm to an individual's right of privacy or the dangers of unwarranted adverse consequences outweigh the public interest in retaining the records in police files

  5. Persichini v. Ragan

    735 P.2d 168 (Colo. 1987)   Cited 37 times
    Holding that in the absence of a clear legislative intent to the contrary, a statute of limitations specifically addressing a particular class of cases will control over a more general or catch-all statute of limitations

  6. Drake v. Tyner

    914 P.2d 519 (Colo. App. 1996)   Cited 15 times
    Holding that, “when a creditor on multiple debts applies an undesignated partial payment by the debtor to a debt on which the statute of limitations has not yet run, the payment tolls the statute of limitations on that debt”

  7. Section 13-80-103 - General limitation of actions - one year

    Colo. Rev. Stat. § 13-80-103   Cited 90 times   1 Legal Analyses
    Requiring that "[a]ll actions for any penalty or forfeiture of any penal statutes" be commenced within one year after the action accrues

  8. Section 13-80-103.5 - General limitation of actions - six years

    Colo. Rev. Stat. § 13-80-103.5   Cited 76 times   2 Legal Analyses
    Applying six-year statute of limitations to "[a]ll actions to recover a liquidated debt or an unliquidated, determinable amount of money due"

  9. Section 38-10-124 - Credit agreements - required to be in writing

    Colo. Rev. Stat. § 38-10-124   Cited 38 times
    Precluding actions on oral credit agreements based on fiduciary duty, partial performance, and promissory estoppel

  10. Section 6-1-115 - Limitations

    Colo. Rev. Stat. § 6-1-115   Cited 20 times

    All actions brought under this article must be commenced within three years after the date on which the false, misleading, or deceptive act or practice occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. The period of limitation provided in this section may be extended for a period

  11. Section 38-38-105 - Court order authorizing sale mandatory - notice of hearing for residential properties - definition

    Colo. Rev. Stat. § 38-38-105   Cited 8 times

    (1) Repealed. (2) (a) On and after January 1, 2008, whenever a public trustee forecloses upon a deed of trust under this article, the holder of the evidence of debt or the attorney for the holder shall obtain an order authorizing sale from a court of competent jurisdiction to issue the same pursuant to rule 120 or other rule of the Colorado rules of civil procedure. The order shall recite the date the hearing was scheduled if no hearing was held, or the date the hearing was completed if a hearing

  12. Section 38-39-205 - Action to be brought within fifteen years

    Colo. Rev. Stat. § 38-39-205   Cited 5 times   1 Legal Analyses

    No action shall be commenced to foreclose the lien of any mortgage or deed of trust, unless such action is commenced prior to the date on which such mortgage or deed of trust ceases to be a lien pursuant to sections 38-39-201 and 38-39-202. C.R.S. § 38-39-205 L. 90: Entire article R&RE, p. 1677, § 3, effective October 1. This section is similar to former § 38-40-105, as it existed prior to 1990.