40 Cited authorities

  1. Johnson v. Columbia Props. Anchorage, LP

    437 F.3d 894 (9th Cir. 2006)   Cited 1,648 times
    Holding that an "LLC is a citizen of every state of which its owners/members are citizens"
  2. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,153 times
    Holding that a defendant must carry its burden to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 because plaintiff's complaint “[fell] short of even seeking the threshold amount”
  3. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,321 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper
  4. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 788 times   32 Legal Analyses
    Holding that damage waivers were valid and effective unless the defendant could prove to a "legal certainty" that damages exceeded $5,000,000
  5. Gibson v. Chrysler Corp.

    261 F.3d 927 (9th Cir. 2001)   Cited 550 times   1 Legal Analyses
    Holding that the value of unnamed class members' claims cannot satisfy the amount-in-controversy requirement of 28 U.S.C. § 1367
  6. Prison Legal News v. Schwarzenegger

    608 F.3d 446 (9th Cir. 2010)   Cited 332 times   1 Legal Analyses
    Holding that fees for monitoring of settlement agreement may be awarded pursuant to § 1988
  7. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 471 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
  8. Lew v. Moss

    797 F.2d 747 (9th Cir. 1986)   Cited 682 times
    Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship
  9. Tameny v. Atlantic Richfield Co.

    27 Cal.3d 167 (Cal. 1980)   Cited 835 times   6 Legal Analyses
    Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy
  10. Kroske v. U.S. Bank Corp.

    432 F.3d 976 (9th Cir. 2005)   Cited 363 times   1 Legal Analyses
    Holding that the district court properly considered awards in similar cases when determining the amount in controversy
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,308 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,005 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,800 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,749 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices
  16. Section 2922 - Termination at will of either party

    Cal. Lab. Code § 2922   Cited 427 times   4 Legal Analyses
    Stating where an employment has no specified term, it "may be terminated at the will of either party on notice to the other."
  17. Section 631 - Fee paid by party demanding jury; deposit by party demanding jury trial; waiver of jury trial

    Cal. Code Civ. Proc. § 631   Cited 340 times   7 Legal Analyses
    Listing ways a party can waive trial by jury
  18. Rule 3.770 - Dismissal of class actions

    Cal. R. 3.770   Cited 30 times

    (a) Court approval of dismissal A dismissal of an entire class action, or of any party or cause of action in a class action, requires court approval. The court may not grant a request to dismiss a class 23 action if the court has entered judgment following final approval of a settlement. Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the

  19. Rule 3.400 - Definition

    Cal. R. 3.400   Cited 30 times

    (a) Definition A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (b) Factors In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous pretrial motions raising difficult or novel legal

  20. Rule 3.760 - Application

    Cal. R. 3.760   Cited 18 times

    (a) Class actions The rules in this chapter apply to each class action brought under Civil Code section 1750 et seq. or Code of Civil Procedure section 382 until the court finds the action is not maintainable as a class action or revokes a prior class certification. (b) Relief from compliance with rules The court, on its own motion or on motion of any named party, may grant relief from compliance with the rules in this chapter in an appropriate case. Cal. R. Ct. 3.760 Rule 3.760 amended and renumbered

  21. Rule 3.220 - Case cover sheet

    Cal. R. 3.220   Cited 11 times

    (a) Cover sheet required The first paper filed in an action or proceeding must be accompanied by a case cover sheet as required in (b). The cover sheet must be on a form prescribed by the Judicial Council and must be filed in addition to any cover sheet required by local court rule. If the plaintiff indicates on the cover sheet that the case is complex under rule 3.400 et seq. or a collections case under rule 3.740, the plaintiff must serve a copy of the cover sheet with the complaint. In all other

  22. Rule 3.811 - Cases subject to and exempt from arbitration

    Cal. R. 3.811   Cited 7 times

    (a) Cases subject to arbitration Except as provided in (b), the following cases must be arbitrated: (1) In each superior court with 18 or more authorized judges, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff; (2) In each superior court with fewer than 18 authorized judges that so provides by local rule, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff; (3) All limited civil cases in courts

  23. Rule 3.1390 - Service and filing of notice of entry of dismissal

    Cal. R. 3.1390   Cited 6 times

    A party that requests dismissal of an action must serve on all parties and file notice of entry of the dismissal. Cal. R. Ct. 3.1390 Rule 3.1390 .amended and renumbered effective 1/1/2007; adopted as rule 383 effective 7/1/1999.

  24. Rule 3.724 - Duty to meet and confer

    Cal. R. 3.724   Cited 5 times

    Unless the court orders another time period, no later than 30 calendar days before the date set for the case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3.727 and, in addition, to consider the following: (1) Resolving any discovery disputes and setting a discovery schedule; (2) Identifying and, if possible, informally resolving any anticipated motions; (3) Identifying the facts and issues in the case that are

  25. Rule 3.402 - Complex case counterdesignations

    Cal. R. 3.402   Cited 1 times

    (a) Noncomplex counterdesignation If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the