§Why CasetextPricing

West et al v. Bank of America Home Loans

RESPONSE to 32 MOTION for Preliminary Injunction, 33 MOTION for Sanctions

39 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 17,299 times   71 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,452 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  3. Linda R. S. v. Richard D

    410 U.S. 614 (1973)   Cited 3,671 times   1 Legal Analyses
    Holding that a mother lacked standing to seek an injunction to force the prosecution of her child’s father for failing to pay child support, reasoning that because prosecution would result only in the father being jailed, it was overly "speculative" whether an injunction would result in future child support payments

  4. United States v. Batchelder

    442 U.S. 114 (1979)   Cited 1,733 times   7 Legal Analyses
    Holding that the imposition of different imprisonment terms under different, but partially overlapping, firearm-possession statutes does not violate equal protection

  5. American Trucking v. City of Los Angeles

    559 F.3d 1046 (9th Cir. 2009)   Cited 1,281 times
    Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"

  6. Giles v. General Motors Accep

    494 F.3d 865 (9th Cir. 2007)   Cited 415 times
    Holding that the economic loss doctrine "does not bar recovery in tort where the defendant had a duty imposed by law rather than by contract and where the defendant's intentional breach of that duty caused purely monetary harm to the plaintiff"

  7. Stanley v. University of Southern California

    13 F.3d 1313 (9th Cir. 1994)   Cited 526 times   1 Legal Analyses
    Holding that mandatory preliminary injunctions should be denied "unless the facts and law clearly favor the moving party"

  8. Meyer v. Ameriquest Mortg. Co.

    342 F.3d 899 (9th Cir. 2003)   Cited 352 times
    Holding that right to rescind ends with sale of property

  9. Hafiz v. Greenpoint Mortage Funding, Inc.

    652 F. Supp. 2d 1039 (N.D. Cal. 2009)   Cited 214 times
    Holding "California law does not require possession of the note as a precondition to non-judicial foreclosure under a deed of trust"

  10. Associated Gen. Contr. of Cal. v. Coalition

    950 F.2d 1401 (9th Cir. 1991)   Cited 294 times
    Holding association's suit for declaratory and injunctive relief challenging constitutionality of city ordinance did not require individualized proof by association's members

  11. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,944 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  12. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,315 times   27 Legal Analyses
    Granting consumers the right to rescind

  13. Section 513 - Securities of the States and private entities

    18 U.S.C. § 513   Cited 592 times   4 Legal Analyses
    Defining "forged" documents in a related context to include any document "that purports to be genuine but is not because it has been falsely altered"