Stewart Org., Inc. v. Ricoh Corp.
487 U.S. 22 (1988) Cited 4,948 times 12 Legal AnalysesHolding that federal law determines the validity of a forum selection clause
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,616 times 18 Legal AnalysesHolding that state law governs substantive issues and federal law governs procedural issues
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,282 times 3 Legal AnalysesHolding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
Walker v. Armco Steel Corp.
446 U.S. 740 (1980) Cited 879 times 2 Legal AnalysesHolding that Oklahoma rules concerning service of process must be applied by federal courts adjudicating a dispute based on Oklahoma law
Robinson v. Countrywide Home Loans, Inc.
199 Cal.App.4th 42 (Cal. Ct. App. 2011) Cited 69 timesHolding that plaintiffs' claims for damages and declarative relief were precluded the foreclosure scheme does not provide for a preemptive suit to challenge standing to initiate foreclosure but noting that a borrower who believes the foreclosing entity lacks standing to do so can seek to enjoin the trustee's sale or set aside the sale
Olympic Sports v. Universal Athletic Sales
760 F.2d 910 (9th Cir. 1985) Cited 60 timesDescribing analysis
Castillo v. Skoba
Case No. 10cv1838 BTM (S.D. Cal. Oct. 8, 2010) Cited 19 timesFinding plaintiff was likely to succeed on claim enjoining the sale of his home based on evidence that an assignment was backdated and thus the party did not have authority to record the notice of default
Tran v. Washington Mutual Bank
NO. CIV. S-09-3277 LKK/DAD (E.D. Cal. Feb. 11, 2010) Cited 16 timesIn Tran, a trustee filed a Declaration of Non-Monetary Status in federal court in a mortgage and foreclosure action that had originated in federal court.
Kennedy v. PLM Lender Servs. Inc.
No. C 10-04942 WHA (N.D. Cal. Mar. 27, 2012) Cited 13 timesConcluding in an action that was initially filed in federal court that § 2924l declarations are not recognized in federal court under the Erie doctrine
Makreas v. First National Bank of Northern California
856 F. Supp. 2d 1097 (N.D. Cal. 2012) Cited 7 timesNo. C 11–02234 JSW. 2012-04-4 Nick MAKREAS, Plaintiff, v. FIRST NATIONAL BANK OF NORTHERN CALIFORNIA, et al., Defendants. Nelson W. Goodell, San Francisco, CA, for Plaintiff. John F. Friedemann, Esq., John Norman MacLeod, Stephanie Barber Hess, Santa Rosa, CA, Bruce William Dannemeyer, The Dreyfuss Firm, PLC, A ProfessionalLaw Corporation, Irvine, CA, for Defendants. JEFFREY S. WHITE Nelson W. Goodell, San Francisco, CA, for Plaintiff. John F. Friedemann, Esq., John Norman MacLeod, Stephanie Barber
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,123 times 315 Legal AnalysesProhibiting unlawful business practices
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal AnalysesDefining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 473 - Mistake, inadvertence, surprise or excusable neglect
Cal. Code Civ. Proc. § 473 Cited 5,940 times 3 Legal AnalysesAllowing up to six months to challenge a judgment entered through the moving party's mistake, inadvertence, surprise, or excusable neglect
Section 2923.5 - Requirements for recording notice of default
Cal. Civ. Code § 2923.5 Cited 1,200 times 8 Legal AnalysesSetting forth requirements that must be satisfied before recording a notice of default
Section 2924l - Declaration of nonmonetary status filed by trustee
Cal. Civ. Code § 2924l Cited 165 times 2 Legal AnalysesStating that "trustee" includes substituted trustees