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Removal to Federal Court

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14 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. 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

  3. Ibarra v. Manheim Invs., Inc.

    775 F.3d 1193 (9th Cir. 2015)   Cited 811 times   10 Legal Analyses
    Holding that it is sufficient to "contest[ an] assumption" without "assert[ing] an alternative [assumption] grounded in real evidence"

  4. 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"

  5. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 503 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

  6. Shockley v. Jones

    823 F.2d 1068 (7th Cir. 1987)   Cited 311 times
    Finding that a delay of several months in providing a paraplegic inmate with medical supplies did not amount to deliberate indifference despite the fact that the inmate lost substantial amounts of bone from his buttock

  7. Brady v. Mercedes-Benz USA, Inc.

    243 F. Supp. 2d 1004 (N.D. Cal. 2002)   Cited 161 times
    Holding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction

  8. 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"

  9. 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.”

  10. 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."

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,463 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. 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

  13. Section 1653 - Amendment of pleadings to show jurisdiction

    28 U.S.C. § 1653   Cited 2,497 times   5 Legal Analyses
    Allowing amendment of complaints to cure defective jurisdictional pleadings

  14. Section 1790 - Title of act

    Cal. Civ. Code § 1790   Cited 737 times   6 Legal Analyses

    This chapter may be cited as the "Song-Beverly Consumer Warranty Act." Ca. Civ. Code § 1790 Added by Stats. 1970, Ch. 1333.