§Why CasetextPricing

Scally v. Ditech Financial, Llc

MOTION to Dismiss for Failure to State a Claim * Defendant Ditech Financial LLCs Notice Of Motion And Motion To Dismiss Plaintiffs Second Amended Complaint Pursuant To Fed. R. Civ. P. 12

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,056 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer

  4. Walls v. Wells Fargo Bank, N.A.

    276 F.3d 502 (9th Cir. 2002)   Cited 435 times   6 Legal Analyses
    Holding that the Bankruptcy Code precludes a claim under the Fair Debt Collection Practices Act based on an alleged attempt to collect a discharged debt

  5. Gonzales v. Arrow Financial Services

    660 F.3d 1055 (9th Cir. 2011)   Cited 319 times
    Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so

  6. Dumas v. Kipp

    90 F.3d 386 (9th Cir. 1996)   Cited 358 times
    Holding that dismissal without leave to amend is appropriate where further amendment would be futile

  7. Hosseinzadeh v. M.R.S. Associates, Inc.

    387 F. Supp. 2d 1104 (C.D. Cal. 2005)   Cited 100 times
    Holding that a voice mail message is a "communication" under the FDCPA

  8. Bautz v. Ars Nat'l Servs., Inc.

    226 F. Supp. 3d 131 (E.D.N.Y. 2016)   Cited 29 times   3 Legal Analyses
    Holding "that plaintiff has pled a concrete interest for the purpose of Article III standing based on her receipt of the IRS Language in the Letter because a material violation of FDCPA Section 1692e infringes plaintiff's substantive statutory right to be free from abusive debt practices"

  9. Gates v. MCT Group, Inc.

    93 F. Supp. 3d 1182 (S.D. Cal. 2015)   Cited 9 times
    Noting that because the FDCPA "is a strict liability statute, Defendants' knowledge is irrelevant to whether" violation occurred under the statute

  10. Foster v. AllianceOne Receivables Mgmt., Inc.

    Case No. 15-cv-11108 (N.D. Ill. Apr. 28, 2016)   Cited 5 times
    Finding the "mention of the IRS in a situation where there is no set of circumstances in which the IRS would be involved could mislead ‘a person of modest education and limited commercial savvy,’ " even where the dunning letter listed the balance on the account as $718.96 and stated, "[p]lease be advised that any settlement which waives $600.00 or more in principal of a debt may be reported to the Internal Revenue Service by our client."

  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 345,805 times   922 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,757 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,274 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,804 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  17. Section 105 - Power of court

    11 U.S.C. § 105   Cited 9,431 times   73 Legal Analyses
    Granting the court powers as appropriate to carry out the Code

  18. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,926 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  19. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  20. Section 524 - Effect of discharge

    11 U.S.C. § 524   Cited 6,156 times   72 Legal Analyses
    Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined