§Why CasetextPricing

Richard Markowicz et al v. JPMorgan Chase Bank, N.A. et al

MEMORANDUM in Support of MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12

50 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. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 8,023 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  3. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,556 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. Brodheim v. Cry

    584 F.3d 1262 (9th Cir. 2009)   Cited 2,649 times
    Holding that a "mere threat of harm can be an adverse action" if issued in retaliation for a prisoner's use of grievance procedures

  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,257 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,422 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"

  7. Maldonado v. Harris

    370 F.3d 945 (9th Cir. 2004)   Cited 1,045 times
    Holding that a § 1983 claim accrues when plaintiff knows or has reason to know of injury

  8. Peterson v. Cellco Partnership

    164 Cal.App.4th 1583 (Cal. Ct. App. 2008)   Cited 309 times   1 Legal Analyses
    Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"

  9. Rosenfeld v. JPMorgan Chase Bank, N.A.

    732 F. Supp. 2d 952 (N.D. Cal. 2010)   Cited 290 times
    Holding that injunctive relief is a remedy and not, in itself a cause of action

  10. Klamath Water Users Pro. Ass'n. v. Patterson

    204 F.3d 1206 (9th Cir. 1999)   Cited 379 times
    Holding that federal law controls the interpretation of a contract entered into pursuant to federal law when the United States is a party

  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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,672 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  15. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,689 times   5 Legal Analyses
    Governing rescissions of written contracts

  16. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,059 times   5 Legal Analyses

    This title may be cited as the Rosenthal Fair Debt Collection Practices Act. Ca. Civ. Code § 1788 Amended by Stats 2000 ch 375 (AB 1331), s 5, eff. 1/1/2001. Previously Amended September 3, 1999 (Bill Number: AB 969) (Chapter 319).

  17. Section 17208 - Statute of limitations

    Cal. Bus. & Prof. Code § 17208   Cited 631 times   2 Legal Analyses
    Governing UCL claims

  18. Section 3412 - Void or voidable written instruments

    Cal. Civ. Code § 3412   Cited 365 times
    Defining cancellation of instruments claim

  19. Section 1788.30 - Liability of debt collector for violation; costs and attorney's fees in action to enforce; cure of violation; violation not intentional; limitation of action; intentional violation by debtor

    Cal. Civ. Code § 1788.30   Cited 297 times
    Providing " debt collector shall have no civil liability . . . for a violation of this title, if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation"

  20. Section 1788.1 - Legislative findings; purpose of title

    Cal. Civ. Code § 1788.1   Cited 211 times

    (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. (2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness,