44 Cited authorities

Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,193 times 29 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”
Murphy Brothers, Inc. v. Michetti Pipe Stringing
526 U.S. 344 (1999) Cited 2,578 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"
Matheson v. Progressive Specialty Ins. Co.
319 F.3d 1089 (9th Cir. 2003) Cited 1,522 times
Holding 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"
Kanter v. Warner-Lambert Co.
265 F.3d 853 (9th Cir. 2001) Cited 1,415 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"
Valdez v. Allstate Ins. Co.
372 F.3d 1115 (9th Cir. 2004) Cited 1,149 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 1,316 times 2 Legal Analyses
Holding that defendants bears the burden to show that removal is proper
Singer v. State Farm Mutual Auto. Ins. Co.
116 F.3d 373 (9th Cir. 1997) Cited 1,048 times 1 Legal Analyses
Holding plaintiff's admission in open court established amount in controversy
Lewis v. Verizon Communications
627 F.3d 395 (9th Cir. 2010) Cited 378 times 3 Legal Analyses
Holding that a party "need not concede liability" to remove a case to federal court under CAFA.
Galt G/S v. JSS Scandinavia
142 F.3d 1150 (9th Cir. 1998) Cited 469 times
Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Lew v. Moss
797 F.2d 747 (9th Cir. 1986) Cited 680 times
Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 110,937 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 49,867 times 149 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 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,314 times 65 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,672 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 2,785 times 8 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence
Cal. Code Civ. Proc. § 335.1 Cited 2,282 times 4 Legal Analyses
Imposing two-year statute of limitations for personal injury claims
Section 12900 - Short title
Cal. Gov. Code § 12900 Cited 2,239 times 9 Legal Analyses
This part may be known and referred to as the "California Fair Employment and Housing Act." Ca. Gov. Code § 12900 Amended by Stats 2022 ch 48 (SB 189),s 29, eff. 6/30/2022(amended Part heading). Added by Stats. 1980, Ch. 992.
Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract
Cal. Code Civ. Proc. § 337 Cited 1,684 times 5 Legal Analyses
Governing rescissions of written contracts
Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver
Cal. Code Civ. Proc. § 340 Cited 1,565 times 4 Legal Analyses
Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,510 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
Rule 2.30 - Sanctions for rules violations in civil cases
Cal. R. 2.30 Cited 32 times
(a) Application This sanctions rule applies to the rules in the California Rules of Court relating to general civil cases, unlawful detainer cases, probate proceedings, civil proceedings in the appellate division of the superior court, and small claims cases. (b) Sanctions In addition to any other sanctions permitted by law, the court may order a person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or an aggrieved person, or both, for failure
Rule 3.400 - Definition
Cal. R. 3.400 Cited 30 times
(a) Definition A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (b) Factors In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous pretrial motions raising difficult or novel legal
Rule 3.220 - Case cover sheet
Cal. R. 3.220 Cited 11 times
(a) Cover sheet required The first paper filed in an action or proceeding must be accompanied by a case cover sheet as required in (b). The cover sheet must be on a form prescribed by the Judicial Council and must be filed in addition to any cover sheet required by local court rule. If the plaintiff indicates on the cover sheet that the case is complex under rule 3.400 et seq. or a collections case under rule 3.740, the plaintiff must serve a copy of the cover sheet with the complaint. In all other
Rule 3.740 - Collections cases
Cal. R. 3.740 Cited 4 times
(a) Definition "Collections case" means an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking any of the following: (1) Tort damages; (2) Punitive damages; (3) Recovery of real property; (4) Recovery of personal property; or (5) A prejudgment writ of attachment. (b) Civil
Rule 3.402 - Complex case counterdesignations
Cal. R. 3.402 Cited 1 times
(a) Noncomplex counterdesignation If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the

Removal to Federal Court

44 Cited authorities

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, 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 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"

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 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 plaintiff's admission in open court established amount in controversy

Holding that a party "need not concede liability" to remove a case to federal court under CAFA.

Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship

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.”

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

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"

Imposing two-year statute of limitations for personal injury claims

Governing rescissions of written contracts

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"