60 Cited authorities

Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 7,812 times 441 Legal Analyses
Holding that a statutory violation, without more, did not give rise to Article III standing
Martin v. Franklin Capital
546 U.S. 132 (2005) Cited 4,918 times 9 Legal Analyses
Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”
Carnegie-Mellon Univ. v. Cohill
484 U.S. 343 (1988) Cited 11,662 times 1 Legal Analyses
Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so
Foman v. Davis
371 U.S. 178 (1962) Cited 29,223 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,657 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993) Cited 1,920 times 14 Legal Analyses
Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
Kelton Arms Condominium Owners Ass'n v. Homestead Insurance
346 F.3d 1190 (9th Cir. 2003) Cited 3,006 times
Holding that “the district court cannot remand sua sponte for defects in removal procedure”
Hibbs v. Winn
542 U.S. 88 (2004) Cited 586 times 7 Legal Analyses
Holding that "[b]ecause [28 U.S.C.] § 2101(c)'s 90-day limit [for petition for certiorari] had not yet expired, the clock could still be reset"
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,585 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Leadsinger, Inc. v. BMG Music Publishing
512 F.3d 522 (9th Cir. 2008) Cited 1,415 times 1 Legal Analyses
Holding that a court may deny leave to amend where amendment would be futile
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 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"
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 33,714 times 110 Legal Analyses
Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,123 times 315 Legal Analyses
Prohibiting unlawful business practices
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,220 times 12 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Section 1858 - Office of judge in construction of statute or instrument
Cal. Code Civ. Proc. § 1858 Cited 896 times
Interpreting statutes
Section 115 - "Burden of proof"
Cal. Evid. Code § 115 Cited 565 times
Specifying application of the preponderance of the evidence burden of proof

everest campus california inc s notice of demurrer and demurrer to pl

60 Cited authorities

Holding that a statutory violation, without more, did not give rise to Article III standing

Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”

Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other

Holding that “the district court cannot remand sua sponte for defects in removal procedure”

Holding that "[b]ecause [28 U.S.C.] § 2101(c)'s 90-day limit [for petition for certiorari] had not yet expired, the clock could still be reset"

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that a court may deny leave to amend where amendment would be futile

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Adopting Fed.R.Civ.P. 37

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Prohibiting unlawful business practices

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Interpreting statutes

Specifying application of the preponderance of the evidence burden of proof