22 Cited authorities

Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,254 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,565 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,427 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"
Jenkins v. JP Morgan Chase Bank, N.A.
216 Cal.App.4th 497 (Cal. Ct. App. 2013) Cited 575 times 6 Legal Analyses
Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure
Carma Developers, Inc. v. Marathon Development California, Inc.
2 Cal.4th 342 (Cal. 1992) Cited 778 times
Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith
Chabner v. United of Omaha Life Ins. Co.
225 F.3d 1042 (9th Cir. 2000) Cited 422 times
Holding that the Unruh Act prohibits an insurance company from imposing unreasonable pricing differentials based on an applicant's disability
Racine Laramie v. Dept. of P. R
11 Cal.App.4th 1026 (Cal. Ct. App. 1992) Cited 315 times
Holding that an implied covenant "cannot be extended to create obligations not contemplated in the contract"
Glenn K. Jackson Inc. v. Roe
273 F.3d 1192 (9th Cir. 2001) Cited 231 times
Holding that accounting firm hired by client to audit law firm's bills to client owed no duty to the law firm
Mass. Mutual Life Ins. v. Superior Ct.
97 Cal.App.4th 1282 (Cal. Ct. App. 2002) Cited 224 times
Holding that under the CLRA, "if the trial court finds material misrepresentations were made to the class members, at least an inference of reliance would arise as to the entire class."
Agosta v. Astor
120 Cal.App.4th 596 (Cal. Ct. App. 2004) Cited 143 times 1 Legal Analyses
Holding that defendant's promise of a compensation package that he never intended to provide plaintiff was an actionable misrepresentation
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 347,250 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 875 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"
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 409 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"
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"
Section 1024.41 - Loss mitigation procedures
12 C.F.R. § 1024.41 Cited 774 times 54 Legal Analyses
Authorizing borrowers to seek damages for servicer misconduct in connection with borrowers' review for loss mitigation options under § 2605(f)

Raffi Torossian v. Wells Fargo Bank, N.A. et al

22 Cited authorities

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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"

Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith

Holding that the Unruh Act prohibits an insurance company from imposing unreasonable pricing differentials based on an applicant's disability

Holding that an implied covenant "cannot be extended to create obligations not contemplated in the contract"

Holding that accounting firm hired by client to audit law firm's bills to client owed no duty to the law firm

Holding that under the CLRA, "if the trial court finds material misrepresentations were made to the class members, at least an inference of reliance would arise as to the entire class."

Holding that defendant's promise of a compensation package that he never intended to provide plaintiff was an actionable misrepresentation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

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"

Discussing the nature of "single point of contact"

Authorizing borrowers to seek damages for servicer misconduct in connection with borrowers' review for loss mitigation options under § 2605(f)