§Why CasetextPricing

Richard Ichihara v. Chase Bank, USA NA et al

NOTICE OF MOTION AND MOTION to Dismiss Case

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,255 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,304 times   81 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,563 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  6. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,302 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  7. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,202 times   4 Legal Analyses
    Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

  8. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,957 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  9. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 922 times   4 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  10. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 670 times
    Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

  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 362,607 times   962 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 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,582 times   200 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 3,007 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,410 times   43 Legal Analyses
    Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"

  16. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,570 times   28 Legal Analyses
    Requiring CRAs to delete information if its reasonable reinvestigation of a consumer's dispute finds the information is "inaccurate or incomplete"

  17. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,204 times   8 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  18. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 651 times   58 Legal Analyses
    Listing information excluded from consumer reports