25 Cited authorities

  1. 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
  2. Guglielmino v. McKee Foods Corp.

    506 F.3d 696 (9th Cir. 2007)   Cited 611 times   9 Legal Analyses
    Holding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"
  3. Rodriguez v. AT & T Mobility Servs. LLC

    728 F.3d 975 (9th Cir. 2013)   Cited 336 times   8 Legal Analyses
    Holding that “we are bound by prior panel decisions ... and can only reexamine them when their ‘reasoning or theory’ of that authority is ‘clearly irreconcilable’ with the reasoning or theory of intervening higher authority”
  4. Kroske v. U.S. Bank Corp.

    432 F.3d 976 (9th Cir. 2005)   Cited 326 times   2 Legal Analyses
    Holding that the district court properly considered awards in similar cases when determining the amount in controversy
  5. McGill v. Citibank, N.A.

    2 Cal.5th 945 (Cal. 2017)   Cited 182 times   31 Legal Analyses
    Holding a provision of a credit card agreement waiving the right to seek public injunctive relief in any forum was contrary to California public policy and thus unenforceable under California law
  6. Davis ex rel. Davis v. HSBC Bank Nevada, N.A.

    557 F.3d 1026 (9th Cir. 2009)   Cited 55 times
    Holding that LLCs are unincorporated associations for the purposes of CAFA
  7. Nguyen v. Ericsson, Inc.

    Case No. 5:17-cv-06453-EJD (N.D. Cal. Jun. 11, 2018)   Cited 1 times

    Case No. 5:17-cv-06453-EJD 06-11-2018 JOHN NGUYEN, Plaintiff, v. ERICSSON, INC., et al., Defendants. EDWARD J. DAVILA United States District Judge ORDER DENYING PLAINTIFF'S MOTION TO REMAND Re: Dkt. No. 19 I. INTRODUCTION In September 2017, Plaintiff John Nguyen ("Plaintiff"), individually and on behalf of all others similarly situated, filed a class action complaint in Santa Clara Superior Court against Defendants Ericsson, Inc. ("Ericsson"), 4G Project People, Inc. ("4G"), Networkers, Inc. ("Networkers")

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

    28 U.S.C. § 1332   Cited 104,594 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"
  9. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 47,364 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.”
  10. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 32,905 times   1198 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  11. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 20,349 times   140 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 16,683 times   292 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,480 times   63 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  14. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,460 times   61 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  15. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,277 times   108 Legal Analyses
    Providing discretion to hear an appeal from a remand order
  16. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 940 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  17. Section 382 - Party not consenting to joinder as plaintiff made defendant

    Cal. Code Civ. Proc. § 382   Cited 886 times   6 Legal Analyses
    Setting forth the requirements for class action certification
  18. Rule 3.400 - Definition

    Cal. R. 3.400   Cited 29 times

    (a) Definition A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (b) Factors In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous pretrial motions raising difficult or novel legal

  19. Rule 3.650 - Duty to notify court and others of stay

    Cal. R. 3.650   Cited 13 times

    (a) Notice of stay The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. The notice of stay must