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Richard Ramos v. San Bernardino Associated Governments et al

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.Proc. 12

41 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. Kimel v. Florida Board of Regents

    528 U.S. 62 (2000)   Cited 2,240 times   9 Legal Analyses
    Holding that the Age Discrimination in Employment Act, 29 U.S.C. § 626(b), effectively abrogated states’ sovereign immunity by incorporating the Fair Labor Standards Act's cause of action against a "public agency," which the FLSA statutorily defined to include "any agency of ... a State, or a political subdivision of a State," 29 U.S.C. §§ 203(x), 216(b)

  4. 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

  5. Cousins v. Lockyer

    568 F.3d 1063 (9th Cir. 2009)   Cited 1,359 times
    Holding that "state departmental regulations do not establish a federal constitutional violation."

  6. Ford Motor Credit Co. v. Milhollin

    444 U.S. 555 (1980)   Cited 833 times
    Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational

  7. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,289 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  8. Mullis v. U.S. Bankruptcy Ct., Dist of Nevada

    828 F.2d 1385 (9th Cir. 1987)   Cited 1,907 times   1 Legal Analyses
    Holding that a receiver derives his immunity from the judge who appointed him, and loses it only if he acts in the clear absence of all jurisdiction

  9. U.S. v. Petroff-Kline

    557 F.3d 285 (6th Cir. 2009)   Cited 195 times   1 Legal Analyses
    Holding that requests seeking purely legal conclusions are not permitted under Rule 36

  10. In re Currency Conversion Fee Antitrust Litig.

    265 F. Supp. 2d 385 (S.D.N.Y. 2003)   Cited 153 times
    Holding that the plaintiffs "failed to allege any facts to support their conclusion that the bank holding companies exercised such dominion and control over its subsidiaries" and explaining further that "[t]he unadorned invocation of dominion and control is simply not enough"

  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. Section 17200 - Unfair competition defined

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

  13. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,915 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  14. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  15. Section 6500 - Public agency

    Cal. Gov. Code § 6500   Cited 112 times   1 Legal Analyses
    Defining the term "public agency" to include a joint powers authority

  16. Section 1639c - Minimum standards for residential mortgage loans

    15 U.S.C. § 1639c   Cited 68 times   10 Legal Analyses
    Providing minimum standards for residential mortgage loans

  17. Section 4970 - Definitions

    Cal. Fin. Code § 4970   Cited 69 times

    For purposes of this division: (a)"Annual percentage rate" means the annual percentage rate for the loan calculated according to the provisions of the federal Truth in Lending Act and the regulations adopted thereunder by the Consumer Financial Protection Bureau. (b)"Covered loan" means a consumer loan in which the original principal balance of the loan does not exceed the most current conforming loan limit for a single-family first mortgage loan established by the Federal National Mortgage Association

  18. Section 1639b - Residential mortgage loan origination

    15 U.S.C. § 1639b   Cited 40 times   2 Legal Analyses
    Concerning ability-to-pay determinations

  19. Section 1612 - Effect on government agencies

    15 U.S.C. § 1612   Cited 26 times

    (a) Consultation requirements respecting compliance of credit instruments issued to participating creditor Any department or agency of the United States which administers a credit program in which it extends, insures, or guarantees consumer credit and in which it provides instruments to a creditor which contain any disclosures required by this subchapter shall, prior to the issuance or continued use of such instruments, consult with the Bureau to assure that such instruments comply with this subchapter

  20. Section 6507 - Agency separate from parties to agreement

    Cal. Gov. Code § 6507   Cited 18 times

    For the purposes of this article, the agency is a public entity separate from the parties to the agreement. Ca. Gov. Code § 6507 Amended by Stats. 1963, Ch. 990.

  21. Section 1026.2 - Definitions and rules of construction

    12 C.F.R. § 1026.2   Cited 67 times   27 Legal Analyses
    Defining "consummation"