§Why CasetextPricing

(PS) Ryan et al v. BAC Home Loans Servicing, LP

MOTION to DISMISS

86 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,413 times   280 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 269,161 times   367 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. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,240 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,599 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. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,229 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

  6. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,722 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  7. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,885 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

  8. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,982 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

  9. Edwards v. Marin Park, Inc.

    356 F.3d 1058 (9th Cir. 2004)   Cited 1,322 times
    Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss

  10. Ileto v. Glock Inc.

    349 F.3d 1191 (9th Cir. 2003)   Cited 1,309 times   1 Legal Analyses
    Holding gun manufacturers liable because they were "in the best position to protect against the risk of harm" caused by the purchase of illegal guns from all of the different sellers to whom they distributed

  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 348,708 times   930 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 157,731 times   196 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 39,131 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,706 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,823 times   54 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

  16. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,924 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  17. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,733 times   23 Legal Analyses
    Describing "qualified written request"

  18. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,308 times   27 Legal Analyses
    Granting consumers the right to rescind

  19. Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence

    Cal. Code Civ. Proc. § 335.1   Cited 2,299 times   5 Legal Analyses
    Imposing two-year statute of limitations for personal injury claims

  20. 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; violation of FPA or Forestry and Fire Protection rules and regulations

    Cal. Code Civ. Proc. § 338   Cited 1,489 times
    Setting three-year statute of limitations for a liability based on statute like the CSA