Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,340 times 31 Legal AnalysesHolding 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 2,725 times 7 Legal AnalysesHolding 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"
Sami v. Wells Fargo Bank
No. C 12-00108 DMR (N.D. Cal. Mar. 21, 2012) Cited 64 timesHolding that a section 2924 claim premised on allegations of an unlawful pooling and servicing agreement was preempted by HOLA
Taguinod v. World Sav. Bank, FSB
755 F. Supp. 2d 1064 (C.D. Cal. 2010) Cited 38 timesHolding that the plaintiffs' claim that their lender failed to perform under the loan contract was not preempted by HOLA
Callan v. Experian Info. Solutions, Inc.
Case No: C 12-03563 SBA (N.D. Cal. Jul. 5, 2013)Case No: C 12-03563 SBA 07-05-2013 KATHLEEN CALLAN, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., EQUIFAX, INC., AND NEW YORK COMMUNITY BANK, Defendants. SAUNDRA BROWN ARMSTRONG ORDER GRANTING MOTION TO DISMISS Docket 52 On July 6, 2012, Plaintiff Kathleen Callan ("Plaintiff") commenced the instant action against Experian Information Solutions, Inc. ("Experian"), TransUnion, LLC ("TransUnion"), and Equifax, Inc. ("Equifax"), alleging violations of the Fair Credit Reporting Act ("FCRA"), 15
Heinz v. Havelock
757 F. Supp. 1076 (C.D. Cal. 1991) Cited 7 timesNo. CV 90-5458 AWT. February 19, 1991. Bernard I. Segal, Jonathan Klar, Segal Klar, Los Angeles, Cal., Jane D. Saltsman, Glassman Browning Inc., Beverly Hills, Cal., for plaintiff. Daniel Fogel, Lester G. Ostrov, Gerald J. Miller, Fogel, Feldman, Ostrov, Ringler Klevens, Los Angeles, Cal., for defendants. MEMORANDUM OPINION TASHIMA, District Judge. Plaintiff Clifford S. Heinz ("plaintiff"), a citizen of California, filed this action in Orange County Superior Court on September 10, 1990, against his
Asher v. Pacific Power & Light Co.
249 F. Supp. 671 (N.D. Cal. 1965) Cited 27 timesIn Asher, the court held that the plaintiff had identified the Does with insufficient specifically to defeat diversity jurisdiction.
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 times 572 Legal AnalysesHolding 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 50,910 times 151 Legal AnalysesHolding 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 AnalysesHolding 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."
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,078 times 26 Legal AnalysesHolding "[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."
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,265 times 141 Legal AnalysesGranting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 415.40 - Service on person outside state
Cal. Code Civ. Proc. § 415.40 Cited 215 timesProviding that service of summons is complete on the tenth day after the mailing pursuant to that section