Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Balistreri v. Pacifica Police Dept

Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

Guz v. Bechtel National, Inc.

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

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

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"

City of Cotati v. Cashman

Holding "the mere fact an action was filed after protected activity took place does not mean it arose from that activity"; rejecting defendant's argument that plaintiff's complaint "arose" from defendant's having previously filed lawsuit, where plaintiff's complaint "contain[ed] no reference to the [defendant's] action"

Merrill v. Navegar, Inc.

Restating the same criteria for exceptions from the rule set forth in section 1714

Nymark v. Heart Fed. Sav. & Loan Ass'n

Holding that, ordinarily, a financial institution acting within the scope of its conventional activities as a lender owes no duty of care to a borrower

Lueras v. BAC Home Loans Servicing, LP

Holding loan service providers do not owe a plaintiff a duty of care when considering a loan modification application

Epstein v. Washington Energy Co.

Finding no duty to predict action of public utility commission

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 17200 - Unfair competition defined

Prohibiting unlawful business practices

Section 1691 - Scope of prohibition

Providing that it is unlawful "for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . because all or part of the applicant's income derives from any public assistance program"

Section 1060 - Generally

Allowing a party who desires a declaration of his or her rights or duties with respect to another to ask for such a declaration, either alone or with other relief

Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan

Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

Section 2923.7 - [Effective Until 1/1/2025] Establishment of single point of contact upon borrower requesting foreclosure prevention alternative

Discussing the nature of "single point of contact"

Section 1511 - Causes excusing want of performance

Section 2924.18 - [Effective Until 1/1/2025] Recordation not authorized if loan modification application pending; foreclosure prevention alternative approved

Setting forth requirements under the HBOR once a borrower has submitted a complete first loan modification