§Why CasetextPricing

Stephen H. Johnson et al v. Caliber Home Loans, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case On Plaintiffs' First Amended Complaint; Memorandum of Points And Authorities In Support Thereof

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,069 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

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

    20 Cal.4th 163 (Cal. 1999)   Cited 2,422 times   22 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"

  5. Shroyer v. New Cingular Wireless Services

    622 F.3d 1035 (9th Cir. 2010)   Cited 1,361 times
    Holding that fraud claims were pled with particularity when the allegations concerned a "relatively definite time frame" identifiable by discrete events, even though exact dates were not provided

  6. Lona v. Citibank, N.A.

    202 Cal.App.4th 89 (Cal. Ct. App. 2011)   Cited 521 times
    Holding that where the trustee's deed is void on its face, tender is not required

  7. Rosenfeld v. JPMorgan Chase Bank, N.A.

    732 F. Supp. 2d 952 (N.D. Cal. 2010)   Cited 290 times
    Holding that injunctive relief is a remedy and not, in itself a cause of action

  8. Farmers Ins. Exchange v. Superior Court

    2 Cal.4th 377 (Cal. 1992)   Cited 489 times   1 Legal Analyses
    Holding that the UCL " 'borrows' violations of other laws and treats these violations, when committed pursuant to business activity, as unlawful practices independently actionable under [the UCL]"

  9. Khoury v. Maly's of California, Inc.

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 379 times
    Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

  10. Vega v. Jpmorgan Chase Bank, N.A.

    654 F. Supp. 2d 1104 (E.D. Cal. 2009)   Cited 234 times
    Holding that the Rule 8 requirement "applies to good claims as well as bad, and is the basis for dismissal independent of Rule 12(b)"

  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 346,412 times   923 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 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,007 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,165 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,219 times   83 Legal Analyses
    Defining debt collector

  17. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,724 times   23 Legal Analyses
    Describing "qualified written request"

  18. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,634 times   51 Legal Analyses
    Regulating communications with consumers

  19. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,338 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  20. Section 1624 - Contracts deemed invalid unless note or memorandum in writing

    Cal. Civ. Code § 1624   Cited 1,318 times   4 Legal Analyses
    Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"