29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 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 279,746 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
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,694 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Skinner v. Switzer
562 U.S. 521 (2011) Cited 3,014 times 3 Legal Analyses
Holding that Rooker-Feldman does not stop a prisoner's § 1983 challenge to a state statute
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 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"
Williams v. Gerber Products
552 F.3d 934 (9th Cir. 2008) Cited 970 times 36 Legal Analyses
Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
Maya v. Centex Corp..
658 F.3d 1060 (9th Cir. 2011) Cited 844 times 1 Legal Analyses
Holding that homeowners in a housing development had suffered an injury-in-fact from homebuilders’ alleged failure to disclose that they were advertising to unqualified buyers because "plaintiffs spent money that, absent defendants’ actions, they would not have spent"
Broam v. Bogan
320 F.3d 1023 (9th Cir. 2003) Cited 1,135 times
Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate
North Star Intern. v. Arizona Corp. Com'n
720 F.2d 578 (9th Cir. 1983) Cited 2,275 times
Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 607 times 4 Legal Analyses
Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”
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 361,353 times 960 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 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 23,613 times 90 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 419 times 3 Legal Analyses
Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"
Section 1024.35 - Error resolution procedures
12 C.F.R. § 1024.35 Cited 371 times 17 Legal Analyses
Outlining a mortgage servicer's obligations in response to a QWR providing notice of an alleged error
Section 1024.36 - Requests for information
12 C.F.R. § 1024.36 Cited 231 times 14 Legal Analyses
Providing the requirements for responding to a QWR that requests information
Section 1026.3 - [Effective until 10/1/2025] Exempt transactions
12 C.F.R. § 1026.3 Cited 18 times 4 Legal Analyses
Stating that "[a]n extension of credit primarily for a business, commercial or agricultural purpose" is not subject to TILA

Saterbak v. National Default Servicing Corporation et al

29 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 executive branch officers had qualified immunity

Holding that Rooker-Feldman does not stop a prisoner's § 1983 challenge to a state statute

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 "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

Holding that homeowners in a housing development had suffered an injury-in-fact from homebuilders’ alleged failure to disclose that they were advertising to unqualified buyers because "plaintiffs spent money that, absent defendants’ actions, they would not have spent"

Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate

Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted

Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

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. . . ."

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

Outlining a mortgage servicer's obligations in response to a QWR providing notice of an alleged error

Providing the requirements for responding to a QWR that requests information

Stating that "[a]n extension of credit primarily for a business, commercial or agricultural purpose" is not subject to TILA