§Why CasetextPricing

notice to state court and to adverse party of removal of civil action

undefined

35 Cited authorities

  1. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 3,634 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. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,235 times   7 Legal Analyses
    Holding that defendant's informal receipt of the complaint did not start the time for filing

  3. Johnson v. Columbia Props. Anchorage, LP

    437 F.3d 894 (9th Cir. 2006)   Cited 1,365 times
    Holding that an "LLC is a citizen of every state of which its owners/members are citizens"

  4. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,054 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”

  5. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,199 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

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

    116 F.3d 373 (9th Cir. 1997)   Cited 946 times   1 Legal Analyses
    Holding plaintiff's admission in open court established amount in controversy

  7. Cohn v. Petsmart, Inc.

    281 F.3d 837 (9th Cir. 2002)   Cited 751 times   5 Legal Analyses
    Holding that a settlement letter reflected a reasonable estimate of the plaintiff's claim absent any contrary evidence

  8. Ritchey v. Upjohn Drug Co.

    139 F.3d 1313 (9th Cir. 1998)   Cited 747 times
    Holding that only cases that become removable "sometime after the initial commencement of the action" are "barred by the one-year exception"

  9. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 873 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  10. McCabe v. General Foods Corp.

    811 F.2d 1336 (9th Cir. 1987)   Cited 865 times
    Holding that fraudulent joinder is established when a plaintiff "fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state"

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

    28 U.S.C. § 1332   Cited 106,059 times   570 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 47,962 times   146 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. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 44,405 times   23 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."

  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 20,666 times   140 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 16,683 times   292 Legal Analyses
    Prohibiting unlawful business practices

  16. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,033 times   42 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  17. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,016 times   115 Legal Analyses
    Providing only statutory penalties

  18. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,618 times   5 Legal Analyses
    Governing rescissions of written contracts

  19. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,425 times   21 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  20. Section 84 - California

    28 U.S.C. § 84   Cited 1,308 times
    Stating Amador County is part of Eastern District of California