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Ruth A. Rosenberg et al v. Bank of America, N.A., et al

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint ; Memorandum of Points and Authorities In Support Thereof 21 and proof of service

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,292 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 268,073 times   366 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. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,235 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,669 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  5. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,087 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  6. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,132 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  7. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,537 times   3 Legal Analyses
    Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

  8. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,188 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  9. Glaski v. Bank of America, N.A.

    218 Cal.App.4th 1079 (Cal. Ct. App. 2013)   Cited 421 times   9 Legal Analyses
    Holding that where a trustee of a securitized trust accepts a note and mortgage after the date the trust closed, the acceptance is void under New York trust law

  10. Rubio v. Capital One Bank

    613 F.3d 1195 (9th Cir. 2010)   Cited 401 times   2 Legal Analyses
    Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing

  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 347,506 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 17,893 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,935 times   60 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,984 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,429 times   104 Legal Analyses
    Relating to mail fraud

  16. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,934 times   109 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  17. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,105 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  18. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 4,931 times   60 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

  19. Section 1861 - Deception of prospective purchasers

    18 U.S.C. § 1861   Cited 60 times   1 Legal Analyses

    Whoever, for a reward paid or promised to him in that behalf, undertakes to locate for an intending purchaser, settler, or entryman any public lands of the United States subject to disposition under the public-land laws, and who willfully and falsely represents to such intending purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, with intent to deceive the

  20. Section 21-P:9 - Assistant to the Director; Financial Responsibility Supervisor

    N.H. Rev. Stat. § 21-P:9   Cited 18 times

    The director of motor vehicles, with the approval of the commissioner, shall appoint the following assistants, who shall be classified employees: I. An assistant to the director of motor vehicles, who shall carry out such duties as may be assigned to him or her by the director. II. A financial responsibility supervisor who shall assume, under the control of the director of motor vehicles, the responsibility of the administration of the motor vehicle financial responsibility law. The director may