§Why CasetextPricing

Silverlake Park Llc v. Stewart Title Guaranty Company et al

NOTICE OF MOTION AND MOTION to Dismiss Case of All of Plainitff's Claims Against it Under Fed. R. Civ. P. 12

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,289 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  3. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,941 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  4. Gilbertson v. Albright

    381 F.3d 965 (9th Cir. 2004)   Cited 687 times   2 Legal Analyses
    Holding that Younger principles apply to an action for damages that relates to a pending state proceeding

  5. Kougasian v. TMSL, Inc.

    359 F.3d 1136 (9th Cir. 2004)   Cited 654 times
    Holding that Rooker-Feldman did not bar suit alleging extrinsic fraud by litigant in obtaining state court judgment

  6. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 667 times
    Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

  7. Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co.

    27 Cal.4th 705 (Cal. 2002)   Cited 134 times   2 Legal Analyses
    Stating that an escrow holder has "no general duty to police the affairs of its depositers" and its duties are "limited to faithful compliance" with the depositers' instructions

  8. Markowitz v. Fidelity Natl. Title Co.

    142 Cal.App.4th 508 (Cal. Ct. App. 2006)   Cited 53 times
    In Markowitz, an individual sued a sub-escrow company for negligence for failing to follow an escrow instruction to reconvey a deed of trust. 142 Cal. App. 4th at 525.

  9. Bill v. Brewer

    799 F.3d 1295 (9th Cir. 2015)   Cited 22 times
    Focusing on alleged connection between place to be searched and the crime suspected

  10. Alereza v. Chi. Title Co.

    6 Cal.App.5th 551 (Cal. Ct. App. 2016)   Cited 5 times
    In Alereza an escrow company employee negligently listed the name of the insured (the purchaser of a gas station business) incorrectly when it secured a new certificate of insurance for the business. (Id. at p. 553.)

  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 361,487 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,569 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion