§Why CasetextPricing

Paatalo v. J.P. Morgan Chase Bank et al

Response to Motion to Strike Amended Answer 17 18 Oral Argument requested.

23 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,800 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' "

  2. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,894 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  3. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,496 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  4. Jesinoski v. Countrywide Home Loans, Inc.

    574 U.S. 259 (2015)   Cited 267 times   6 Legal Analyses
    Holding that a borrower must serve notice of rescission, but need not file suit, within § 1635(f)'s three-year period

  5. Lindsey v. Normet

    405 U.S. 56 (1972)   Cited 784 times   2 Legal Analyses
    Holding that the state has no obligation to provide adequate housing

  6. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,357 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  7. McGlinchy v. Shell Chemical Co.

    845 F.2d 802 (9th Cir. 1988)   Cited 1,058 times
    Holding that district court did not abuse its discretion in denying plaintiffs leave to file a second amended complaint adding causes of action where it had failed to cure deficiencies in prior amended complaints

  8. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 401 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

  9. Wyshak v. City Nat. Bank

    607 F.2d 824 (9th Cir. 1979)   Cited 643 times
    Holding that plaintiff was not prejudiced by assertion of statute of limitations defense in amended answer because the defense would have been "effective at the outset of [plaintiff's] suit."

  10. Williams v. Jader Fuel Co., Inc.

    944 F.2d 1388 (7th Cir. 1991)   Cited 366 times
    Recognizing this practice but leaving its propriety unaddressed before jumping to the merits

  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 346,070 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,826 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,298 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,529 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act