§Why CasetextPricing

defendants notice to superior court clerk of filing of removal and rem

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20 Cited authorities

  1. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,340 times   31 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. McPhail v. Deere Co.

    529 F.3d 947 (10th Cir. 2008)   Cited 768 times   3 Legal Analyses
    Holding that defendant established the requisite amount in controversy because, even though plaintiff never pleaded a specific amount of damages, plaintiff's allegations of wrongful death and the nature of the damages sought supported a claim in excess of $75,000

  3. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 502 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"

  4. Ingram v. Oroudjian

    647 F.3d 925 (9th Cir. 2011)   Cited 485 times
    Holding a court may "consider[] settlement negotiations for the purpose of deciding a reasonable attorney fee award . . . ."

  5. Lewis v. Verizon Communications

    627 F.3d 395 (9th Cir. 2010)   Cited 396 times   3 Legal Analyses
    Holding that a party "need not concede liability" to remove a case to federal court under CAFA.

  6. Brandt v. Superior Court

    37 Cal.3d 813 (Cal. 1985)   Cited 414 times   13 Legal Analyses
    Holding that attorney's fees can satisfy the element of damages in a first-party bad faith insurance claim because hiring a lawyer to deal with an insurance company's bad faith is akin to hiring a doctor to resolve injuries from a car accident

  7. Conrad Associates v. Hartford Accident Indemnity

    994 F. Supp. 1196 (N.D. Cal. 1998)   Cited 254 times
    Holding "since a defect in subject matter jurisdiction cannot be stipulated to or waived, attempting to force the plaintiff to enter a stipulation regarding the potential amount of damages would serve no effect in determining the actual amount in controversy at the time of removal"

  8. Richmond v. Allstate Ins. Co.

    897 F. Supp. 447 (S.D. Cal. 1995)   Cited 116 times
    Addressing amount-in-controversy under 28 U.S.C. § 1332

  9. Goldberg v. CPC International, Inc.

    678 F.2d 1365 (9th Cir. 1982)   Cited 83 times
    Holding that attorneys' fees sought by class members cannot be aggregated for purposes of determining the amount in controversy

  10. Cain v. Hartford Life and Acc. Ins. Co.

    890 F. Supp. 2d 1246 (C.D. Cal. 2012)   Cited 18 times
    Finding three somewhat analogous cases showing emotional distress damages sufficient to meet preponderance of the evidence standard for amount in controversy

  11. 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"

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,910 times   151 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.”

  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding 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."

  15. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,559 times   198 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders

  16. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,265 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim