Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,413 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 2,787 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"
Grupo Dataflux v. Atlas Glob. Grp., L.P.
541 U.S. 567 (2004) Cited 2,182 times 3 Legal AnalysesHolding that a party's post-filing change in citizenship cannot cure a lack of diversity jurisdiction from the lawsuit's outset
Gaus v. Miles, Inc.
980 F.2d 564 (9th Cir. 1992) Cited 10,382 times 1 Legal AnalysesHolding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value
Johnson v. Columbia Props. Anchorage, LP
437 F.3d 894 (9th Cir. 2006) Cited 1,745 timesHolding that an "LLC is a citizen of every state of which its owners/members are citizens"
Kanter v. Warner-Lambert Co.
265 F.3d 853 (9th Cir. 2001) Cited 1,498 times 4 Legal AnalysesHolding 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 1,188 timesHolding 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 1,375 times 2 Legal AnalysesHolding that defendants bears the burden to show that removal is proper
Harris v. Bankers Life and Cas. Co.
425 F.3d 689 (9th Cir. 2005) Cited 934 times 7 Legal AnalysesHolding that "notice of removability under § 1446(b) is determined through examination of the four corners of the applicable pleadings, not through subjective knowledge or a duty to make further inquiry"
Fritsch v. Swift Transp. Co. of Ariz., LLC
899 F.3d 785 (9th Cir. 2018) Cited 521 times 1 Legal AnalysesHolding 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"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 114,655 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 51,292 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.”
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,849 times 199 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,503 times 141 Legal AnalysesGranting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 84 - California
28 U.S.C. § 84 Cited 1,487 timesStating Amador County is part of Eastern District of California
Section 415.10 - Personal delivery
Cal. Code Civ. Proc. § 415.10 Cited 373 times 1 Legal AnalysesAuthorizing service of summons by personal delivery to person to be served