37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,158 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,877 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Cervantes v. Countrywide Home Loans, Inc.
656 F.3d 1034 (9th Cir. 2011) Cited 1,418 times 3 Legal Analyses
Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"
Parrino v. FHP, Inc.
146 F.3d 699 (9th Cir. 1998) Cited 1,282 times 3 Legal Analyses
Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity
Shaw v. Hahn
56 F.3d 1128 (9th Cir. 1995) Cited 501 times 1 Legal Analyses
Finding privity when the interests of the party in the subsequent action were shared with and adequately represented by the party in the former action
Lancaster Com. Hosp. v. Antelope Valley Hosp
940 F.2d 397 (9th Cir. 1991) Cited 378 times 1 Legal Analyses
Holding with respect to the predicate act of mail fraud that a plaintiff must allege with "particularity the time, place, and manner of each act of fraud, plus the role of each defendant in each scheme"
Correia v. Deutsche Bank Nat'l Trust Co.
452 B.R. 319 (B.A.P. 1st Cir. 2011) Cited 135 times
Holding that debtors as, non-parties to a PSA, lack standing to challenge a mortgage assignment based on non-compliance with the agreement.
Kenda Corp. v. Pot O'Gold Money Leagues, Inc.
329 F.3d 216 (1st Cir. 2003) Cited 119 times
Holding that multiple criminal acts "directed toward one transaction" did not establish open-ended continuity where the plaintiffs could not prove that the defendants "had plans to take over another company or pool league in the same fraudulent manner"
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,197 times 43 Legal Analyses
Granting civil remedies for RICO violation
Section 7.28.230 - Mortgagee cannot maintain action for possession-Possession to collect mortgaged, pledged, or assigned rents and profits-Perfection of security interest
Wash. Rev. Code § 7.28.230 Cited 57 times 2 Legal Analyses
Providing grounds for appointing a receiver to collect rent for application to mortgage

Robinson v. Wells Fargo Bank National Association et al

37 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"

Finding privity when the interests of the party in the subsequent action were shared with and adequately represented by the party in the former action

Holding with respect to the predicate act of mail fraud that a plaintiff must allege with "particularity the time, place, and manner of each act of fraud, plus the role of each defendant in each scheme"

Holding that debtors as, non-parties to a PSA, lack standing to challenge a mortgage assignment based on non-compliance with the agreement.

Holding that multiple criminal acts "directed toward one transaction" did not establish open-ended continuity where the plaintiffs could not prove that the defendants "had plans to take over another company or pool league in the same fraudulent manner"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting civil remedies for RICO violation

Providing grounds for appointing a receiver to collect rent for application to mortgage