55 Cited authorities

Van Dusen v. Barrack
376 U.S. 612 (1964) Cited 4,627 times 7 Legal Analyses
Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"
Hoffman v. Blaski
363 U.S. 335 (1960) Cited 1,360 times 2 Legal Analyses
Holding that the language of 28 U.S.C. § 1404 —which permits the transfer of "any civil action to any other district or division where it might have been brought "—unambiguously means at the time the lawsuit was filed
Duckett v. Godinez
67 F.3d 734 (9th Cir. 1995) Cited 605 times 1 Legal Analyses
Holding petitioner not entitled to habeas relief based on prosecutor's single improper comment
Lou v. Belzberg
834 F.2d 730 (9th Cir. 1987) Cited 695 times
Holding that we had appellate jurisdiction over a case that had been transferred to an out-of-circuit district court because the appellant filed her notice of appeal before the transferred records were docketed in that court
Alltrade, Inc. v. Uniweld Prods., Inc.
946 F.2d 622 (9th Cir. 1991) Cited 598 times 1 Legal Analyses
Holding the first-to-file rule is discretionary and identifying circumstances, including bad faith, where a court need not defer to first-filed actions
Church of Scientology, Etc. v. U.S. Dept
611 F.2d 738 (9th Cir. 1980) Cited 716 times
Finding an exception to the first-to-file rule where the second-filed case had proceeded beyond the first-filed case
Crawford v. Bell
599 F.2d 890 (9th Cir. 1979) Cited 714 times
Holding that the proper remedy for claims challenging conditions of confinement is a civil rights action pursuant to 42 U.S.C. § 1983
Pacesetter Sys., Inc. v. Medtronic, Inc.
678 F.2d 93 (9th Cir. 1982) Cited 598 times 1 Legal Analyses
Holding dismissal is proper "when a complaint involving the same parties and issues has already been filed in another district"
Williams v. Bowman
157 F. Supp. 2d 1103 (N.D. Cal. 2001) Cited 262 times 1 Legal Analyses
Finding that although both parties identified witnesses in both districts, defendants identified individuals that would likely testify to the merits of the lawsuit, indicating this factor weighed in defendants' favor
Gates Learjet Corp. v. Jensen
743 F.2d 1325 (9th Cir. 1984) Cited 424 times
Holding that defendant's seven visits over three years to the forum state, purchase of over $200,000 worth of products from the forum state, and numerous phone calls and letters to the forum state were more “occasional than continuous, and more infrequent than systematic”
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,366 times 184 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,281 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,814 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,837 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,243 times 122 Legal Analyses
Providing only statutory penalties
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,753 times 20 Legal Analyses
Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage
Cal. Lab. Code § 1194 Cited 1,745 times 10 Legal Analyses
Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,587 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
Section 2699 - Civil penalty; civil action by aggrieved employee to recover
Cal. Lab. Code § 2699 Cited 1,297 times 33 Legal Analyses
Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees
Section 512 - Meal periods
Cal. Lab. Code § 512 Cited 1,137 times 33 Legal Analyses
Imposing these same meal break rules for all employees unless otherwise exempted

Turnage v. Old Dominion Freight Line, Inc.

55 Cited authorities

Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

Holding that the language of 28 U.S.C. § 1404 —which permits the transfer of "any civil action to any other district or division where it might have been brought "—unambiguously means at the time the lawsuit was filed

Holding petitioner not entitled to habeas relief based on prosecutor's single improper comment

Holding that we had appellate jurisdiction over a case that had been transferred to an out-of-circuit district court because the appellant filed her notice of appeal before the transferred records were docketed in that court

Holding the first-to-file rule is discretionary and identifying circumstances, including bad faith, where a court need not defer to first-filed actions

Finding an exception to the first-to-file rule where the second-filed case had proceeded beyond the first-filed case

Holding that the proper remedy for claims challenging conditions of confinement is a civil rights action pursuant to 42 U.S.C. § 1983

Holding dismissal is proper "when a complaint involving the same parties and issues has already been filed in another district"

Finding that although both parties identified witnesses in both districts, defendants identified individuals that would likely testify to the merits of the lawsuit, indicating this factor weighed in defendants' favor

Holding that defendant's seven visits over three years to the forum state, purchase of over $200,000 worth of products from the forum state, and numerous phone calls and letters to the forum state were more “occasional than continuous, and more infrequent than systematic”

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Prohibiting unlawful business practices

Providing only statutory penalties

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees

Imposing these same meal break rules for all employees unless otherwise exempted