§Why CasetextPricing

Removal to Federal Court

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41 Cited authorities

  1. Dart Cherokee Basin Operating Co. v. Owens

    574 U.S. 81 (2014)   Cited 4,751 times   39 Legal Analyses
    Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction

  2. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,423 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”

  3. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,533 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. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,504 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"

  5. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 820 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  6. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,377 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  7. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 797 times   32 Legal Analyses
    Holding that damage waivers were valid and effective unless the defendant could prove to a "legal certainty" that damages exceeded $5,000,000

  8. Guglielmino v. McKee Foods Corp.

    506 F.3d 696 (9th Cir. 2007)   Cited 777 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"

  9. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 527 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"

  10. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 521 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 114,799 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 51,346 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 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,999 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. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,528 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,810 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

  16. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,646 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  17. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,534 times
    Establishing three-year statute of limitations for California fraud claim

  18. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 1,013 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

  19. Section 202 - Employees not under contract; notice; state employees

    Cal. Lab. Code § 202   Cited 783 times   8 Legal Analyses
    Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation

  20. Section 204 - Payment of wages; frequency

    Cal. Lab. Code § 204   Cited 683 times   20 Legal Analyses
    Requiring semi-monthly payments within specified dates for work performed within specified dates

  21. Section 11000 - Order Regulating the Minimum Wage

    Cal. Code Regs. tit. 8 § 11000   Cited 47 times
    Raising California's minimum wage to $6.25 per hour in 2001, and to $6.75 per hour, effective January 1, 2002