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12 Cited authorities

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,674 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

  2. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,503 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."

  3. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 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

  4. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,588 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.”

  5. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,265 times   198 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  6. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,085 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  7. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,276 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  8. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,397 times   192 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  9. Section 84 - California

    28 U.S.C. § 84   Cited 1,446 times
    Stating Amador County is part of Eastern District of California

  10. Rule 3.770 - Dismissal of class actions

    Cal. R. 3.770   Cited 30 times

    (a) Court approval of dismissal A dismissal of an entire class action, or of any party or cause of action in a class action, requires court approval. The court may not grant a request to dismiss a class 23 action if the court has entered judgment following final approval of a settlement. Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the

  11. Rule 3.760 - Application

    Cal. R. 3.760   Cited 18 times

    (a) Class actions The rules in this chapter apply to each class action brought under Civil Code section 1750 et seq. or Code of Civil Procedure section 382 until the court finds the action is not maintainable as a class action or revokes a prior class certification. (b) Relief from compliance with rules The court, on its own motion or on motion of any named party, may grant relief from compliance with the rules in this chapter in an appropriate case. Cal. R. Ct. 3.760 Rule 3.760 amended and renumbered

  12. Rule 2.251 - Electronic service

    Cal. R. 2.251   Cited 15 times

    (a)Authorization for electronic service When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.[]= (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007