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Rosa Calderon et al v. The Wolf Firm, A Law Corporation

NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint Pursuant to FRCP 12

26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 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' "

  2. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,761 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  3. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,679 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  4. Conservation Force v. Salazar

    646 F.3d 1240 (9th Cir. 2011)   Cited 1,401 times
    Holding that a claimant who filed a petition for remission rather than a claim could not later challenge a declaration of forfeiture in court on grounds unrelated to notice

  5. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,417 times   8 Legal Analyses
    Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))

  6. Izenberg v. ETS Services, LLC

    589 F. Supp. 2d 1193 (C.D. Cal. 2008)   Cited 306 times
    Holding plaintiff could not rely on prospective injuries to establish RICO standing

  7. Hulse v. Ocwen Federal Bank

    195 F. Supp. 2d 1188 (D. Or. 2002)   Cited 346 times   2 Legal Analyses
    Holding that the FDCPA is concerned only with preventing abuse in the collection of funds from a debtor and foreclosure is distinct from this process because "payment of funds is not the object of a foreclosure action"

  8. Schlegel v. Wells Fargo Bank

    720 F.3d 1204 (9th Cir. 2013)   Cited 226 times   2 Legal Analyses
    Holding that a plaintiff's establishment that debt collection is some of a defendant's business is insufficient to state a FDCPA claim

  9. Swanson v. S. Oregon Credit Service, Inc.

    869 F.2d 1222 (9th Cir. 1988)   Cited 327 times
    Holding demand for payment in "10 days" confuses least sophisticated consumer about 30-day statutory contest period

  10. Riggs v. Prober & Raphael

    681 F.3d 1097 (9th Cir. 2012)   Cited 123 times   2 Legal Analyses
    Finding that whether a communication "violates the Rosenthal Act turns on whether it violates the FDCPA"

  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 348,617 times   930 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 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,047 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,946 times   109 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  14. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,243 times   83 Legal Analyses
    Defining debt collector

  15. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,451 times   68 Legal Analyses
    Setting forth requirements for disputing a debt

  16. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,411 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  17. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,908 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

  18. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,061 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).

  19. Section 1788.17 - Applicability of United States Code provisions to debt collectors

    Cal. Civ. Code § 1788.17   Cited 526 times
    Incorporating federal FDCPA provisions

  20. Section 1812.700 - Generally

    Cal. Civ. Code § 1812.700   Cited 25 times

    (a) In addition to the requirements imposed by Article 2 (commencing with Section 1788.10) of Title 1.6C, third-party debt collectors subject to the federal Fair Debt Collection Practices Act (15 U.S.C. Sec. 1692 et seq.) shall provide a notice to debtors that shall include the following description of debtor rights: "The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact