27 Cited authorities

Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,301 times 30 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”
Gaus v. Miles, Inc.
980 F.2d 564 (9th Cir. 1992) Cited 10,230 times 1 Legal Analyses
Holding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value
Johnson v. Columbia Props. Anchorage, LP
437 F.3d 894 (9th Cir. 2006) Cited 1,691 times
Holding that an "LLC is a citizen of every state of which its owners/members are citizens"
Kanter v. Warner-Lambert Co.
265 F.3d 853 (9th Cir. 2001) Cited 1,451 times 4 Legal Analyses
Holding that remand for defective diversity allegations was unreviewable even though the removing defendant "could potentially have cured its defective allegations regarding citizenship by amending its notice of removal"
Singer v. State Farm Mutual Auto. Ins. Co.
116 F.3d 373 (9th Cir. 1997) Cited 1,078 times 1 Legal Analyses
Holding plaintiff's admission in open court established amount in controversy
Gibson v. Chrysler Corp.
261 F.3d 927 (9th Cir. 2001) Cited 561 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
Chavez v. JPMorgan Chase & Co.
888 F.3d 413 (9th Cir. 2018) Cited 273 times
Holding the plaintiff's CFRA retaliation claim "fail[ed] because she cannot show that [defendant's] reason for terminating her was pretextual"
Galt G/S v. JSS Scandinavia
142 F.3d 1150 (9th Cir. 1998) Cited 491 times
Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Lew v. Moss
797 F.2d 747 (9th Cir. 1986) Cited 692 times
Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship
Kroske v. U.S. Bank Corp.
432 F.3d 976 (9th Cir. 2005) Cited 368 times 1 Legal Analyses
Holding that the district court properly considered awards in similar cases when determining the amount in controversy
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 112,712 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"
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 96,831 times 669 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,588 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 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,376 times 52 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,802 times 88 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,085 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 3600 - Generally
Cal. Lab. Code § 3600 Cited 904 times 6 Legal Analyses
Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "
Section 12965 - Civil action in name of department on behalf of aggrieved party
Cal. Gov. Code § 12965 Cited 623 times 1 Legal Analyses
Providing the courts with discretionary authority to award attorney's fees and costs to the prevailing party
Section 12960 - Filing intake form; verified complaint; time limitation for filing
Cal. Gov. Code § 12960 Cited 456 times 3 Legal Analyses
Extending the statute of limitations period for filing a DFEH complaint if the complainant later discovers that his or her employer is actually someone other than the entity listed on the W-2

Notice Filed

27 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 an "LLC is a citizen of every state of which its owners/members are citizens"

Holding that remand for defective diversity allegations was unreviewable even though the removing defendant "could potentially have cured its defective allegations regarding citizenship by amending its notice of removal"

Holding plaintiff's admission in open court established amount in controversy

Holding that the value of unnamed class members' claims cannot satisfy the amount-in-controversy requirement of 28 U.S.C. § 1367

Holding the plaintiff's CFRA retaliation claim "fail[ed] because she cannot show that [defendant's] reason for terminating her was pretextual"

Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship

Holding that the district court properly considered awards in similar cases when determining the amount in controversy

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

Adopting Fed.R.Civ.P. 37

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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.”

Adopting the sanctions authorized by Rule 37(b)

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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

Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

Providing the courts with discretionary authority to award attorney's fees and costs to the prevailing party

Extending the statute of limitations period for filing a DFEH complaint if the complainant later discovers that his or her employer is actually someone other than the entity listed on the W-2