36 Cited authorities

  1. Dart Cherokee Basin Operating Co. v. Owens

    574 U.S. 81 (2014)   Cited 4,506 times   39 Legal Analyses
    Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction
  2. Newman-Green, Inc. v. Alfonzo-Larrain

    490 U.S. 826 (1989)   Cited 1,789 times   2 Legal Analyses
    Holding that, where multiple defendants "are jointly and severally liable, it cannot be argued that [one is] indispensable"
  3. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,437 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
  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,053 times   14 Legal Analyses
    Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"
  5. Ibarra v. Manheim Invs., Inc.

    775 F.3d 1193 (9th Cir. 2015)   Cited 741 times   10 Legal Analyses
    Holding that it is sufficient to "contest[ an] assumption" without "assert[ing] an alternative [assumption] grounded in real evidence"
  6. Grancare, LLC v. Thrower

    889 F.3d 543 (9th Cir. 2018)   Cited 589 times
    Holding that joinder is not fraudulent where there is a mere "possibility" that the plaintiff can state a claim against the defendant
  7. Guglielmino v. McKee Foods Corp.

    506 F.3d 696 (9th Cir. 2007)   Cited 722 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"
  8. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 466 times   1 Legal Analyses
    Holding that if a plaintiff is entitled under a contract or statute to future attorney's fees, then "such fees are at stake in the litigation and should be included in the amount in controversy"
  9. In re Briscoe

    448 F.3d 201 (3d Cir. 2006)   Cited 561 times   4 Legal Analyses
    Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
  10. Gibson v. Chrysler Corp.

    261 F.3d 927 (9th Cir. 2001)   Cited 554 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
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,596 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 50,114 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. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,543 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."
  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,349 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,814 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  16. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,437 times   13 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants
  17. Section 1653 - Amendment of pleadings to show jurisdiction

    28 U.S.C. § 1653   Cited 2,432 times   5 Legal Analyses
    Permitting amendment of defective allegations of jurisdiction
  18. Section 1790 - Title of act

    Cal. Civ. Code § 1790   Cited 695 times   6 Legal Analyses

    This chapter may be cited as the "Song-Beverly Consumer Warranty Act." Ca. Civ. Code § 1790 Added by Stats. 1970, Ch. 1333.

  19. Section 1794 - Action by buyer for damages and other legal and equitable relief

    Cal. Civ. Code § 1794   Cited 618 times   1 Legal Analyses
    Describing damages for breach of an implied warranty "[w]here the buyer has rightfully rejected or justifiably revoked acceptance of the goods"
  20. Section 1791.1 - Implied warranty of merchantability; implied warranty of fitness

    Cal. Civ. Code § 1791.1   Cited 301 times   2 Legal Analyses
    Extending express warranty remedies to implied warranty