§Why CasetextPricing

Padma Vanjani v. U.S. Bank, N.A. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

56 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. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,393 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,322 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,933 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  6. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,334 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  7. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,603 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  8. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,089 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,464 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. Leadsinger, Inc. v. BMG Music Publishing

    512 F.3d 522 (9th Cir. 2008)   Cited 1,427 times   1 Legal Analyses
    Holding that a court may deny leave to amend where amendment would be futile

  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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,939 times   225 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,266 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. 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]"

  17. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,531 times
    Providing for a three-year limitations period for “[a]n action for trespass upon or injury to real property”

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

    Cal. Bus. & Prof. Code § 17204   Cited 987 times   4 Legal Analyses
    Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

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

    Cal. Civ. Code § 2923.6   Cited 881 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"

  20. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 416 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"