§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 4,423 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 777 times   3 Legal Analyses
    Holding that Rule 408 does not prohibit the use of settlement offers in determining the amount in controversy for purposes of establishing diversity jurisdiction

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

    899 F.3d 785 (9th Cir. 2018)   Cited 527 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 496 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 406 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 416 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 255 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 120 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 114,799 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 100,124 times   139 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 51,346 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 50,999 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 22,676 times   199 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 22,528 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim