20 Cited authorities

Hunt v. Washington Apple Advertising Comm'n
432 U.S. 333 (1977) Cited 4,509 times 10 Legal Analyses
Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
Wachovia Bank v. Schmidt
546 U.S. 303 (2006) Cited 1,110 times 6 Legal Analyses
Holding that, for diversity jurisdiction purposes, a national bank is located in the state where it has its main office, not in every state where it has branch offices
Emrich v. Touche Ross Co.
846 F.2d 1190 (9th Cir. 1988) Cited 4,074 times
Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
Cohn v. Petsmart, Inc.
281 F.3d 837 (9th Cir. 2002) Cited 828 times 5 Legal Analyses
Holding that a settlement demand was sufficient to satisfy the amount in controversy where plaintiff made no attempt to disavow the letter or offer contrary evidence
Strotek Corp. v. Air Transport Ass'n of America
300 F.3d 1129 (9th Cir. 2002) Cited 319 times
Holding that a dissolved entity whose liabilities had been transferred to a different entity is not a real party in interest
Prudential Real Estate Affiliates, Inc. v. PPR Realty, Inc.
204 F.3d 867 (9th Cir. 2000) Cited 290 times
Holding that citizenship of mere stakeholder need not be considered for complete diversity
Chapman v. Deutsche Bank Nat'l. Trust Co.
651 F.3d 1039 (9th Cir. 2011) Cited 182 times
Determining that the amount in controversy was equal to the assessment value of the "object in litigation," or property
S.E.C. v. Cherif
933 F.2d 403 (7th Cir. 1991) Cited 255 times
Holding provisions of the Securities Exchange Act of 1934 construed to authorize the court to grant equitable relief necessary to effectuate the purposes of the Act, see 15 U.S.C. § 78u(d), (e), do not authorize the freeze on the assets of a non-party who has not been accused of violating any securities laws
Garfinkle v. Wells Fargo Bank
483 F.2d 1074 (9th Cir. 1973) Cited 62 times
Holding that where the "whole purpose" of an action is to prevent a sale of a property, the property is the object of the litigation
Greenberg v. Giannini
140 F.2d 550 (2d Cir. 1944) Cited 71 times
No. 175. January 31, 1944. Appeal from the United States District Court for the Southern District of New York. Consolidated actions by Adolph Greenberg against Amadeo Giannini and the Transamerica Corporation, of which plaintiff was a shareholder and Giannini a director, for accounting of three subsidiary corporations' funds misappropriated by defendant Giannini and others. From a judgment setting aside the service of summons on defendant corporation and dismissing the complaints against defendant
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."
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 2924 - Exercise of power of sale
Cal. Civ. Code § 2924 Cited 1,826 times 2 Legal Analyses
Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"
Section 2923.5 - Requirements for recording notice of default
Cal. Civ. Code § 2923.5 Cited 1,200 times 8 Legal Analyses
Setting forth requirements that must be satisfied before recording a notice of default
Section 1060 - Generally
Cal. Code Civ. Proc. § 1060 Cited 1,202 times 1 Legal Analyses
Allowing a party who desires a declaration of his or her rights or duties with respect to another to ask for such a declaration, either alone or with other relief
Section 1348 - Banking association as party
28 U.S.C. § 1348 Cited 635 times 9 Legal Analyses
Granting federal district courts original jurisdiction over matters involving any national banking association
Section 128 - Washington
28 U.S.C. § 128 Cited 46 times
Detailing territorial jurisdiction of the Eastern District of Washington to include Okanogan County

Removal to Federal Court

20 Cited authorities

Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

Holding that, for diversity jurisdiction purposes, a national bank is located in the state where it has its main office, not in every state where it has branch offices

Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

Holding that a settlement demand was sufficient to satisfy the amount in controversy where plaintiff made no attempt to disavow the letter or offer contrary evidence

Holding that a dissolved entity whose liabilities had been transferred to a different entity is not a real party in interest

Holding that citizenship of mere stakeholder need not be considered for complete diversity

Determining that the amount in controversy was equal to the assessment value of the "object in litigation," or property

Holding that where the "whole purpose" of an action is to prevent a sale of a property, the property is the object of the litigation

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."

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

Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"

Setting forth requirements that must be satisfied before recording a notice of default

Allowing a party who desires a declaration of his or her rights or duties with respect to another to ask for such a declaration, either alone or with other relief

Granting federal district courts original jurisdiction over matters involving any national banking association

Detailing territorial jurisdiction of the Eastern District of Washington to include Okanogan County