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Penermon v. Wells Fargo Home Mortgage

MOTION and [Proposed] Order to Dismiss the Complaint Pursuant to F.R.C.P. Rule 12

57 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,381 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. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,336 times   88 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  3. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,604 times   4 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,420 times   23 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"

  5. Long Island Care at Home v. Coke

    551 U.S. 158 (2007)   Cited 332 times   22 Legal Analyses
    Holding authorization for Secretary of Labor to "prescribe necessary rules, regulations, and orders" provided the Department of Labor "with the power to fill [explicit statutory] gaps"

  6. Gomes v. Countrywide Home Loans, Inc.

    192 Cal.App.4th 1149 (Cal. Ct. App. 2011)   Cited 607 times   4 Legal Analyses
    Holding that a plaintiff has no right to sue to contest the foreclosing beneficiary's authority to initiate or conduct a nonjudicial foreclosure because California's framework does not permit "a court action to determine whether the owner of the Note has authorized its nominee to initiate the foreclosure process" as "recognition of the right to [do so] would fundamentally undermine the nonjudicial nature of the process

  7. Lona v. Citibank, N.A.

    202 Cal.App.4th 89 (Cal. Ct. App. 2011)   Cited 521 times
    Holding that where the trustee's deed is void on its face, tender is not required

  8. Mabry v. Superior Court

    185 Cal.App.4th 208 (Cal. Ct. App. 2010)   Cited 493 times   2 Legal Analyses
    Holding that a lender's noncompliance with section 2923.5 does not affect the title to the foreclosed property following a foreclosure sale

  9. Silvas v. E*Trade Mortgage Corp.

    514 F.3d 1001 (9th Cir. 2008)   Cited 400 times
    Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)

  10. Kachlon v. Markowitz

    168 Cal.App.4th 316 (Cal. Ct. App. 2008)   Cited 377 times
    Holding that California Civil Code "section 2924 deems the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications under the qualified common-interest privilege of section 47, subdivision (c)."

  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 345,620 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 156,056 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,827 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 2924 - Exercise of power of sale

    Cal. Civ. Code § 2924   Cited 1,811 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 2923.5 - Requirements for recording notice of default

    Cal. Civ. Code § 2923.5   Cited 1,195 times   8 Legal Analyses
    Setting forth requirements that must be satisfied before recording a notice of default

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

    Cal. Bus. & Prof. Code § 17204   Cited 959 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

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

    Cal. Civ. Code § 2923.6   Cited 874 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"

  18. Section 1461 - Short title

    12 U.S.C. § 1461   Cited 736 times   3 Legal Analyses
    Providing for the establishment of federally chartered savings and loan associations

  19. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 408 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"

  20. Section 2923.7 - Establishment of single point of contact upon borrower requesting foreclosure prevention alternative

    Cal. Civ. Code § 2923.7   Cited 404 times
    Discussing the nature of "single point of contact"