§Why CasetextPricing

Paul Garcia v. Ocwen Mortgage Servicing, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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' "

  3. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,390 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,536 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. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,114 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  6. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,297 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  7. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,103 times   54 Legal Analyses
    Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made

  8. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 910 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

  9. Chardon v. Fumero Soto

    462 U.S. 650 (1983)   Cited 240 times
    Upholding a similar Puerto Rico statute as an acceptable substitute for American Pipe tolling

  10. Wade v. Danek Medical

    182 F.3d 281 (4th Cir. 1999)   Cited 254 times   1 Legal Analyses
    Holding that "in any case in which a state statute of limitations applies . . . the state's accompanying rule regarding equitable tolling should also apply"

  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 345,529 times   922 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 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,788 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  14. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,373 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  15. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,057 times   5 Legal Analyses

    This title may be cited as the Rosenthal Fair Debt Collection Practices Act. Ca. Civ. Code § 1788 Amended by Stats 2000 ch 375 (AB 1331), s 5, eff. 1/1/2001. Previously Amended September 3, 1999 (Bill Number: AB 969) (Chapter 319).