48 Cited authorities

Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,338 times 31 Legal Analyses
Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Abrego Abrego v. the Dow Chemical Co.
443 F.3d 676 (9th Cir. 2006) Cited 4,505 times 14 Legal Analyses
Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant
Brinker Rest. Corp. v. Superior Court of San Diego Cnty.
53 Cal.4th 1004 (Cal. 2012) Cited 813 times 83 Legal Analyses
Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"
Guglielmino v. McKee Foods Corp.
506 F.3d 696 (9th Cir. 2007) Cited 753 times 9 Legal Analyses
Holding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"
Arias v. Superior Court (Angelo Dairy)
46 Cal.4th 969 (Cal. 2009) Cited 596 times 13 Legal Analyses
Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties
Luckett v. Delta Airlines, Inc.
171 F.3d 295 (5th Cir. 1999) Cited 815 times
Holding that plaintiff's alleged damages for property damage, travel expenses, an emergency ambulance trip, a stay in the hospital, and pain and suffering met the jurisdictional amount
Werwinski v. Ford Motor Co.
286 F.3d 661 (3d Cir. 2002) Cited 571 times 2 Legal Analyses
Holding that, in the absence of a controlling decision from a state's highest court on an issue of state law, a federal court sitting in diversity must predict how the court would rule by considering the relevant decisions of the state's appellate courts
Rodriguez v. AT & T Mobility Servs. LLC
728 F.3d 975 (9th Cir. 2013) Cited 390 times 8 Legal Analyses
Holding that “we are bound by prior panel decisions ... and can only reexamine them when their ‘reasoning or theory’ of that authority is ‘clearly irreconcilable’ with the reasoning or theory of intervening higher authority”
Cortez v. Purolator Air Filtration Products Co.
23 Cal.4th 163 (Cal. 2000) Cited 563 times 1 Legal Analyses
Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"
Scherer v. Equitable Life Assur Soc'y, U.S.
347 F.3d 394 (2d Cir. 2003) Cited 454 times
Holding that, as an affirmative defense, res judicata does not — except in rare circumstances not applicable here — affect a court's jurisdiction
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 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"
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,910 times 151 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.”
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,265 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,122 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,660 times 25 Legal Analyses
Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"
Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; violation of FPA or Forestry and Fire Protection rules and regulations
Cal. Code Civ. Proc. § 338 Cited 1,521 times
Setting three-year statute of limitations for a liability based on statute like the CSA
Section 84 - California
28 U.S.C. § 84 Cited 1,458 times
Stating Amador County is part of Eastern District of California
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
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
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

Notice

48 Cited authorities

Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”

Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

Holding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"

Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

Holding that plaintiff's alleged damages for property damage, travel expenses, an emergency ambulance trip, a stay in the hospital, and pain and suffering met the jurisdictional amount

Holding that, in the absence of a controlling decision from a state's highest court on an issue of state law, a federal court sitting in diversity must predict how the court would rule by considering the relevant decisions of the state's appellate courts

Holding that “we are bound by prior panel decisions ... and can only reexamine them when their ‘reasoning or theory’ of that authority is ‘clearly irreconcilable’ with the reasoning or theory of intervening higher authority”

Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"

Holding that, as an affirmative defense, res judicata does not — except in rare circumstances not applicable here — affect a court's jurisdiction

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

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.”

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Prohibiting unlawful business practices

Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

Setting three-year statute of limitations for a liability based on statute like the CSA

Stating Amador County is part of Eastern District of California