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Octavio Corona et al v. GMAC Mortgage LLC et al

OPPOSITION to MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,896 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,913 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  5. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 8,279 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  6. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 963 times
    Setting forth elements of a FHA claim

  7. Pearlman v. Reliance Ins. Co.

    371 U.S. 132 (1962)   Cited 454 times   2 Legal Analyses
    Holding that surety who paid laborers and materialmen under payment bond had property interest in entire retained fund held back by government under contract under doctrine of equitable subrogation, and that debtor in bankruptcy held no property interest in retained fund

  8. Eaton v. Fed. Nat'l Mortg. Ass'n

    462 Mass. 569 (Mass. 2012)   Cited 303 times   5 Legal Analyses
    Holding that, to foreclose under Section 14, an entity must both hold the mortgage and either hold the note or act as an agent of the noteholder

  9. Moyo v. Gomez

    32 F.3d 1382 (9th Cir. 1994)   Cited 355 times
    Holding black corrections officer could base employment discrimination claim on his firing after he refused to participate in prison's permitting only white inmates to shower after their work shifts

  10. National Shawmut Bk., B. v. New Amsterdam C

    411 F.2d 843 (1st Cir. 1969)   Cited 99 times
    Holding that Article 9 did not displace surety's subrogation rights

  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 357,835 times   950 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 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,848 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  14. Section 2924 - Exercise of power of sale

    Cal. Civ. Code § 2924   Cited 1,828 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]"

  15. Section 12 - Construction of words giving joint authority to three or more public officials

    Cal. Civ. Code § 12   Cited 92 times

    Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority. Ca. Civ. Code § 12 Enacted 1872.

  16. Section 2932 - Power of sale conferred upon mortgagee or any other person

    Cal. Civ. Code § 2932   Cited 24 times

    A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the obligation for which the mortgage is a security. Ca. Civ. Code § 2932 Enacted 1872.

  17. Section 3602 - Payment

    Cal. Com. Code § 3602   Cited 5 times

    (a) Subject to subdivision (b), an instrument is paid to the extent payment is made (1) by or on behalf of a party obliged to pay the instrument, and (2) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3306 by another person. (b) The obligation of a party to pay the instrument is not discharged under subdivision