45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 247,207 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,109 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”
  3. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,388 times   8 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
  4. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,391 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. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,142 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”
  6. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,306 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper
  7. Morris v. Princess Cruises, Inc.

    236 F.3d 1061 (9th Cir. 2001)   Cited 1,060 times   1 Legal Analyses
    Holding that joinder of a party is considered fraudulent if "the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state." (internal quotation marks, alteration, and citation omitted)
  8. Ritchey v. Upjohn Drug Co.

    139 F.3d 1313 (9th Cir. 1998)   Cited 807 times
    Holding that only cases that become removable "sometime after the initial commencement of the action" are "barred by the one-year exception"
  9. Horsford v. Board of Trustees of California State University

    132 Cal.App.4th 359 (Cal. Ct. App. 2005)   Cited 508 times   2 Legal Analyses
    Holding that failure to consider that payment for the case was deferred for four years in discussion of whether a multiplier was warranted was an abuse of discretion
  10. Ethridge v. Harbor House Restaurant

    861 F.2d 1389 (9th Cir. 1988)   Cited 840 times
    Holding that "sections 7 and 8 [of the NLRA] do not confer original federal question jurisdiction on the federal district courts"
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 109,691 times   571 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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 60,467 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"
  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 49,374 times   148 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.”
  14. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 32,664 times   109 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,423 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  16. 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 2,771 times   8 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  17. Section 12900 - Short title

    Cal. Gov. Code § 12900   Cited 2,218 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.

  18. Section 12965 - Civil action in name of department on behalf of aggrieved party

    Cal. Gov. Code § 12965   Cited 592 times
    Providing the courts with discretionary authority to award attorney's fees and costs to the prevailing party
  19. Section 415.30 - Mail service

    Cal. Code Civ. Proc. § 415.30   Cited 372 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
  20. Section 12945.2 - Family and medical leave

    Cal. Gov. Code § 12945.2   Cited 329 times   2 Legal Analyses
    Entitling employee to reinstatement to the same or an equivalent position