Gaus v. Miles, Inc.
980 F.2d 564 (9th Cir. 1992) Cited 10,656 times 1 Legal AnalysesHolding 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
Matheson v. Progressive Specialty Ins. Co.
319 F.3d 1089 (9th Cir. 2003) Cited 1,684 timesHolding that it was not facially evident from the complaint that the controversy involved more than $75,000 where the plaintiff sought "'in excess' of $10,000 for economic loss, 'in excess' of $10,000 for emotional distress, and 'in excess' of $10,000 for punitive damages"
Sanchez v. Monumental Life Ins. Co
102 F.3d 398 (9th Cir. 1996) Cited 1,427 times 2 Legal AnalysesHolding that defendants bears the burden to show that removal is proper
Chavez v. JPMorgan Chase & Co.
888 F.3d 413 (9th Cir. 2018) Cited 349 timesHolding the plaintiff's CFRA retaliation claim "fail[ed] because she cannot show that [defendant's] reason for terminating her was pretextual"
Corral v. Select Portfolio Servicing, Inc.
878 F.3d 770 (9th Cir. 2017) Cited 229 timesHolding that party asserting jurisdiction has burden of proving its existence
Gonzales v. CarMax Auto Superstores, LLC
840 F.3d 644 (9th Cir. 2016) Cited 205 times 2 Legal AnalysesFinding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"
Hernandez v. U.S. Bank
318 F. Supp. 3d 558 (D.R.I. 2018) Cited 4 timesRemanding where defendants provided no evidence of the cost of restarting the foreclosure process
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 366,773 times 968 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 117,359 times 574 Legal AnalysesHolding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,591 times 321 Legal AnalysesProhibiting unlawful business practices