§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 253,227 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 267,097 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 7,425 times   437 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 1,184 times   80 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 16,009 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 5,069 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 1,116 times   4 Legal Analyses
    Holding that "other paper" does not include documents received prior to the receipt of the initial pleading; thus, plaintiff's settlement demand letter predating the filing of her complaint did not trigger a thirty-day removal period

  8. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,866 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 885 times   3 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 621 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 346,412 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,479 times   194 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 6,314 times   190 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 2,873 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,315 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

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

    15 U.S.C. § 1681i   Cited 1,450 times   25 Legal Analyses
    Relating to indirect disputes

  17. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,142 times   7 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 637 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years