43 Cited authorities

  1. Dart Cherokee Basin Operating Co. v. Owens

    574 U.S. 81 (2014)   Cited 4,656 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 1,808 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 4,505 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
  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,128 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 788 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 642 times
    Holding that joinder is not fraudulent where there is a mere "possibility" that the plaintiff can state a claim against the defendant
  7. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 502 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"
  8. In re Briscoe

    448 F.3d 201 (3d Cir. 2006)   Cited 578 times   4 Legal Analyses
    Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
  9. Gibson v. Chrysler Corp.

    261 F.3d 927 (9th Cir. 2001)   Cited 568 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
  10. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 497 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
  11. 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"
  12. 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.”
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 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."
  14. 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
  15. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,615 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants
  16. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,843 times   10 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  17. Section 1653 - Amendment of pleadings to show jurisdiction

    28 U.S.C. § 1653   Cited 2,464 times   5 Legal Analyses
    Permitting amendment of defective allegations of jurisdiction
  18. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,631 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
  19. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 702 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity
  20. Section 1790 - Title of act

    Cal. Civ. Code § 1790   Cited 723 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.