35 Cited authorities

  1. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,028 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”
  2. Grupo Dataflux v. Atlas Glob. Grp., L.P.

    541 U.S. 567 (2004)   Cited 2,052 times   3 Legal Analyses
    Holding that a party's post-filing change in citizenship cannot cure a lack of diversity jurisdiction from the lawsuit's outset
  3. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,453 times   7 Legal Analyses
    Holding that defendant's informal receipt of the complaint did not start the time for filing
  4. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 9,845 times   1 Legal Analyses
    Holding 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
  5. Johnson v. Columbia Props. Anchorage, LP

    437 F.3d 894 (9th Cir. 2006)   Cited 1,551 times
    Holding that an "LLC is a citizen of every state of which its owners/members are citizens"
  6. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,361 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"
  7. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,120 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”
  8. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,286 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper
  9. Harris v. Bankers Life and Cas. Co.

    425 F.3d 689 (9th Cir. 2005)   Cited 869 times   7 Legal Analyses
    Holding 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"
  10. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 413 times   1 Legal Analyses
    Holding 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"
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 108,205 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 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 48,782 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.”
  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 26,798 times   192 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,110 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  15. Section 84 - California

    28 U.S.C. § 84   Cited 1,349 times
    Stating Amador County is part of Eastern District of California
  16. Section 415.10 - Personal delivery

    Cal. Code Civ. Proc. § 415.10   Cited 347 times   1 Legal Analyses
    Authorizing service of summons by personal delivery to person to be served