49 Cited authorities

Dart Cherokee Basin Operating Co. v. Owens
574 U.S. 81 (2014) Cited 4,658 times 39 Legal Analyses
Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction
Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,340 times 31 Legal Analyses
Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,486 times 7 Legal Analyses
Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
Murphy Brothers, Inc. v. Michetti Pipe Stringing
526 U.S. 344 (1999) Cited 2,725 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"
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
Standard Fire Ins. Co. v. Knowles
568 U.S. 588 (2013) Cited 705 times 74 Legal Analyses
Holding that a plaintiff may not evade CAFA jurisdiction by stipulating that the class would seek damages below CAFA's jurisdictional threshold
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,618 times 58 Legal Analyses
Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
Valdez v. Allstate Ins. Co.
372 F.3d 1115 (9th Cir. 2004) Cited 1,174 times
Holding that a defendant must carry its burden to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 because plaintiff's complaint “[fell] short of even seeking the threshold amount”
Sanchez v. Monumental Life Ins. Co
102 F.3d 398 (9th Cir. 1996) Cited 1,356 times 2 Legal Analyses
Holding that defendants bears the burden to show that removal is proper
Guglielmino v. McKee Foods Corp.
506 F.3d 696 (9th Cir. 2007) Cited 753 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"
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 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 63,426 times 78 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
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 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,295 times 127 Legal Analyses
Providing only statutory penalties
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,790 times 21 Legal Analyses
Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage
Cal. Lab. Code § 1194 Cited 1,791 times 10 Legal Analyses
Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,660 times 25 Legal Analyses
Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

Notice

49 Cited authorities

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

Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”

Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

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 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

Holding that a plaintiff may not evade CAFA jurisdiction by stipulating that the class would seek damages below CAFA's jurisdictional threshold

Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"

Holding that a defendant must carry its burden to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 because plaintiff's complaint “[fell] short of even seeking the threshold amount”

Holding that defendants bears the burden to show that removal is proper

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"

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

Providing only statutory penalties

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"