22 Cited authorities

Dart Cherokee Basin Operating Co. v. Owens
574 U.S. 81 (2014) Cited 4,848 times 39 Legal Analyses
Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction
Murphy Brothers, Inc. v. Michetti Pipe Stringing
526 U.S. 344 (1999) Cited 2,842 times 7 Legal Analyses
Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"
St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,235 times 14 Legal Analyses
Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"
Kanter v. Warner-Lambert Co.
265 F.3d 853 (9th Cir. 2001) Cited 1,533 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"
Sanchez v. Monumental Life Ins. Co
102 F.3d 398 (9th Cir. 1996) Cited 1,409 times 2 Legal Analyses
Holding that defendants bears the burden to show that removal is proper
Fritsch v. Swift Transp. Co. of Ariz., LLC
899 F.3d 785 (9th Cir. 2018) Cited 545 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"
Chavez v. JPMorgan Chase & Co.
888 F.3d 413 (9th Cir. 2018) Cited 336 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 519 times
Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Kantor v. Wellesley Galleries, Ltd.
704 F.2d 1088 (9th Cir. 1983) Cited 335 times
Holding state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes
Brady v. Mercedes-Benz USA, Inc.
243 F. Supp. 2d 1004 (N.D. Cal. 2002) Cited 164 times
Holding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 116,150 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 51,857 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 23 - Class Actions
Fed. R. Civ. P. 23 Cited 36,300 times 1254 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,808 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
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 2,876 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 84 - California
28 U.S.C. § 84 Cited 1,511 times
Defining the Eastern District of California without creating divisions
Rule 7.1 - Disclosure Statement
Fed. R. Civ. P. 7.1 Cited 1,214 times 13 Legal Analyses
Requiring parties to file a disclosure statement that “name-and identif[ies] the citizenship of-every individual or entity whose citizenship is attributed to that party”
Section 415.30 - Mail service
Cal. Code Civ. Proc. § 415.30 Cited 398 times
Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed

Removal to Federal Court

22 Cited authorities

Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction

Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"

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 that defendants bears the burden to show that removal is proper

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"

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 state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes

Holding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction

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, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

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

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Defining the Eastern District of California without creating divisions

Requiring parties to file a disclosure statement that “name-and identif[ies] the citizenship of-every individual or entity whose citizenship is attributed to that party”

Providing that service of a summons pursuant to that section is complete on the date a written acknowledgment of receipt of summons is executed