§Why CasetextPricing

Parvin Lopresti v. Fay Servicing, Llc et al

NOTICE OF MOTION AND MOTION to Dismiss Case

27 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,174 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,734 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  5. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,226 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  6. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,376 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  7. North Star Intern. v. Arizona Corp. Com'n

    720 F.2d 578 (9th Cir. 1983)   Cited 2,263 times
    Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted

  8. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,185 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

  9. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

    322 F.3d 1064 (9th Cir. 2003)   Cited 774 times
    Holding that a new claim is subject to res judicata if the new claim could have been brought in the earlier suit

  10. Davenport v. Litton Loan Servicing, LP

    725 F. Supp. 2d 862 (N.D. Cal. 2010)   Cited 203 times
    Holding that absent specific allegations that the lending party asserted its rights to foreclose in bad faith, an IIED claim will not lie in a foreclosure case

  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. . . ."