§Why CasetextPricing

Von Brincken v. Mortgageclose.com Inc. et al

MOTION to DISMISS

58 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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 266,625 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. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,226 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,065 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,904 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"

  6. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,866 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  7. Yourish v. California Amplifier

    191 F.3d 983 (9th Cir. 1999)   Cited 3,667 times
    Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint

  8. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,313 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  9. Edwards v. Marin Park, Inc.

    356 F.3d 1058 (9th Cir. 2004)   Cited 1,305 times
    Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss

  10. Fox v. Ethicon Endo-Surgery, Inc.

    35 Cal.4th 797 (Cal. 2005)   Cited 1,243 times   2 Legal Analyses
    Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."

  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 345,885 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,951 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,805 times   52 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

  15. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,305 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  16. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,914 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

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

    12 U.S.C. § 2605   Cited 3,722 times   23 Legal Analyses
    Describing "qualified written request"

  18. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,443 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  19. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  20. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,320 times   53 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services

  21. Section 226.32 - Requirements for certain closed-end home mortgages

    12 C.F.R. § 226.32   Cited 172 times   5 Legal Analyses
    Stating that the annual percentage rate may not exceed the yield on treasury securities by more than "8 percentage points for first-lien loans, or by more than 10 percentage points for subordinate lien loans."