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Carvalho v. Credit Consulting Services, Inc. et al

Reply to Opposition To 12 Motion to Remand

10 Cited authorities

  1. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,563 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

  2. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,394 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  3. Durham v. Lockheed Martin Corp.

    445 F.3d 1247 (9th Cir. 2006)   Cited 848 times   5 Legal Analyses
    Holding defendants not charged with notice of amount in controversy until they have "a paper that gives them enough information to remove"

  4. Singer v. State Farm Mutual Auto. Ins. Co.

    116 F.3d 373 (9th Cir. 1997)   Cited 1,125 times   1 Legal Analyses
    Holding plaintiff's admission in open court established amount in controversy

  5. Korn v. Polo Ralph Lauren Corp.

    536 F. Supp. 2d 1199 (E.D. Cal. 2008)   Cited 212 times   2 Legal Analyses
    Finding it reasonable to base jurisdictional amount on maximum penalty amount where complaint had specifically requested the maximum statutory penalty even though it was possible that less could be awarded at trial

  6. Riggs v. Continental Baking Co.

    678 F. Supp. 236 (N.D. Cal. 1988)   Cited 52 times
    Holding that because complaint did not give notice that plaintiff was covered by collective bargaining agreement and plaintiff's deposition was first notice of this fact, removability did not become apparent and clock did not begin running until date of deposition

  7. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,564 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"

  8. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,312 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  9. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,678 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  10. Section 1785.1 - Legislative findings and declaration

    Cal. Civ. Code § 1785.1   Cited 168 times   4 Legal Analyses

    The Legislature finds and declares as follows: (a) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, and general reputation of consumers. (b) Consumer credit reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. (c) There is a need to insure that consumer credit reporting agencies exercise their grave responsibilities with fairness, impartiality