§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 251,785 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,049 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 3,645 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 659 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 611 times
    Holding Rooker-Feldman inapplicable even though plaintiff sought to set aside state court judgment as relief for defendant's fraud

  6. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 612 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 133 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 20 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 344,855 times   920 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 155,692 times   193 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 19,401 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion