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Marcos Ramirez et al v. Titan Auto Insurance of New Mexico Inc et al

MEMORANDUM in Opposition to MOTION to Remand Case to Los Angeles Superior Court 12 Memorandum of Points and Authorities In Support of Defendants' Opposition to Plaintiff's Motion to Remand to State Court

27 Cited authorities

  1. Martin v. Franklin Capital

    546 U.S. 132 (2005)   Cited 5,017 times   9 Legal Analyses
    Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”

  2. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 10,505 times   1 Legal Analyses
    Holding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value

  3. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,573 times   15 Legal Analyses
    Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

  4. Standard Fire Ins. Co. v. Knowles

    568 U.S. 588 (2013)   Cited 730 times   74 Legal Analyses
    Holding that a plaintiff may not evade CAFA jurisdiction by stipulating that the class would seek damages below CAFA's jurisdictional threshold

  5. Kelton Arms Condominium Owners Ass'n v. Homestead Insurance

    346 F.3d 1190 (9th Cir. 2003)   Cited 3,019 times
    Holding that “the district court cannot remand sua sponte for defects in removal procedure”

  6. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,197 times   4 Legal Analyses
    Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

  7. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,205 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”

  8. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,404 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  9. Harris v. Bankers Life and Cas. Co.

    425 F.3d 689 (9th Cir. 2005)   Cited 958 times   7 Legal Analyses
    Holding that "notice of removability under § 1446(b) is determined through examination of the four corners of the applicable pleadings, not through subjective knowledge or a duty to make further inquiry"

  10. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 802 times   32 Legal Analyses
    Holding that damage waivers were valid and effective unless the defendant could prove to a "legal certainty" that damages exceeded $5,000,000

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,084 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

    28 U.S.C. § 1332   Cited 115,849 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"

  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,734 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. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,738 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Section 6 - Records of former court of appeals

    28 U.S.C. § 6   Cited 104 times

    The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court.