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De La TORRE v. CASHCALL

United States Court of Appeals for the Ninth Circuit’s Request to Answer Question of State Law

22 Cited authorities

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,419 times   23 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"

  2. Davis v. O'Melveny Myers

    485 F.3d 1066 (9th Cir. 2007)   Cited 207 times   2 Legal Analyses
    Holding that where an employee is facing an employer with overwhelming bargaining power that has drafted an arbitration clause, and presented it to the employee on a take-it-or-leave-it basis, the clause is procedurally unconscionable

  3. State Farm Fire Casualty Co. v. Superior Court

    45 Cal.App.4th 1093 (Cal. Ct. App. 1996)   Cited 218 times   3 Legal Analyses
    Holding that a breach of the duty of good faith and fair dealing will support an injunction under § 17200

  4. California Grocers Assn. v. Bank of America

    22 Cal.App.4th 205 (Cal. Ct. App. 1994)   Cited 131 times
    Holding that trade group is not "consumer" of services for personal, family, or household purposes as defined within CLRA

  5. Carboni v. Arrospide

    2 Cal.App.4th 76 (Cal. Ct. App. 1991)   Cited 74 times
    Holding unconscionable loan terms with an extraordinarily high interest rate

  6. Pacheco v. U.S.

    220 F.3d 1126 (9th Cir. 2000)   Cited 31 times
    Holding that claims made under the FTCA are governed by the state's substantive law

  7. Klein v. U.S.

    537 F.3d 1027 (9th Cir. 2008)   Cited 16 times
    Holding that "the Ninth Circuit is bound by the California Supreme Court's interpretation of California law" with respect to a certified question

  8. Torre v. Cashcall, Inc.

    56 F. Supp. 3d 1105 (N.D. Cal. 2014)   Cited 6 times

    Case No. 08–cv–03174–MEJ 10-21-2014 Eduardo De La Torre, et al., Plaintiffs, v. CashCall, Inc., Defendant. Damon M. Connolly, Law Offices of Damon M. Connolly, San Rafael, CA, James C. Sturdevant, The Sturdevant Law Firm, Melinda Fay Pilling, Steven M. Tindall, Rukin Hyland Doria and Tindall, Arthur David Levy, San Francisco, CA, Whitney Stark, Terrell Marshall Daudt & Willie, PLLC, Seattle, WA, for Plaintiffs. Brad W. Seiling, Lydia Michelle Mendoza, Noel Scott Cohen, Manatt Phelps & Phillips, Los

  9. Torre v. Cashcall, Inc.

    56 F. Supp. 3d 1073 (N.D. Cal. 2014)   Cited 5 times   1 Legal Analyses
    Finding no "prejudice," i.e. harm, where the declaration "function[ed] largely to authenticate documents Plaintiffs already have, rather than to provide any opinion on the underlying issues"

  10. Matter of Crown Publishers, Inc. v. Tully

    61 N.Y.2d 869 (N.Y. 1984)   Cited 11 times
    Upholding summary judgment for the defendant bank in a suit attacking NSF check charges

  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,076 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,800 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,663 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.

  14. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,056 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).

  15. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 756 times   3 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts

  16. Section 1693 - Congressional findings and declaration of purpose

    15 U.S.C. § 1693   Cited 651 times   18 Legal Analyses
    Defining electronic fund transfer

  17. Section 22302 - Unconscionable loans

    Cal. Fin. Code § 22302   Cited 34 times   2 Legal Analyses

    (a) Section 1670.5 of the Civil Code applies to the provisions of a loan contract that is subject to this division. (b) A loan found to be unconscionable pursuant to Section 1670.5 of the Civil Code shall be deemed to be in violation of this division and subject to the remedies specified in this division. Ca. Fin. Code § 22302 Added by Stats. 1994, Ch. 1115, Sec. 2. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 1115.

  18. Section 22303 - Rate of charges

    Cal. Fin. Code § 22303   Cited 18 times   4 Legal Analyses

    Every licensee who lends any sum of money may contract for and receive charges at a rate not exceeding the sum of the following: (a) Two and one-half percent per month on that part of the unpaid principal balance of any loan up to, including, but not in excess of two hundred twenty-five dollars ($225). (b) Two percent per month on that portion of the unpaid principal balance in excess of two hundred twenty-five dollars ($225) up to, including, but not in excess of nine hundred dollars ($900). (c)

  19. Section 22713 - Action to enjoin continuing violation

    Cal. Fin. Code § 22713   Cited 11 times

    (a) Whenever the commissioner believes from evidence satisfactory to the commissioner that any person has violated or is about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division, the commissioner may, in the commissioner's discretion, bring an action, or the commissioner may request the Attorney General to bring an action in the name of the people of the State of California, against that

  20. Section 22203 - Consumer loan

    Cal. Fin. Code § 22203   Cited 7 times

    "Consumer loan" means a loan, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for personal, family, or household purposes. For purposes of determining whether a loan is a consumer loan, the lender may rely on any written statement of intended purposes signed by the borrower. The statement may be a separate statement signed by the borrower, or may be contained in a loan application or other document signed

  21. Rule 8.548 - Decision on request of a court of another jurisdiction

    Cal. R. 8.548   Cited 209 times

    (a)Request for decision On request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent. (Subd (a) amended effective January 1, 2007.) (b)Form and contents of request The request must take the form of an order of the requesting