Klembeck

Klembeck v. GTE Corp.

Good Law
32 F. App'x 410
United States Court of Appeals for the Ninth CircuitMarch 20, 2002No. 01-15084; D.C. No. CV-99-21212-EAICalifornia735 words

Opinion

Lead Opinion

MEMORANDUM *

The plaintiffs appeal the district court’s dismissal of their claims against defendant GTE Corporation (GTE) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). 1 The plaintiffs also appeal the district court’s denial of their motion to remand to state court, and the district court’s award of sanctions against plaintiffs’ counsel. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the factual and procedural history of the case, we will not repeat it here except as necessary to explain this disposition.

We review de novo the district court’s denial of plaintiffs’ motion to remand. ARCO Envtl. Remediation v. Dep’t of Health and Envtl. Quality, Montana, 213 F.3d 1108, 1111 (9th Cir.2000). The factu *411 al determinations made by the district court in finding diversity jurisdiction are reviewed for clear error. Prudential Real Estate Affiliates v. PPR Realty, 204 F.3d 867 , 872-73 (9th Cir.2000).

The district court properly considered the plaintiffs’ good faith claim for punitive damages and found, by a preponderance of the evidence, that those damages could exceed $75,000 per plaintiff.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.