Gaven Hill v. Kristan Hill-Love

MEMORANDUM

Plaintiff Gaven Hill (“Hill”) originally filed this suit against his sister Kristan Hill-Love (“Hill-Love”) in state court, alleging damages exceeding $100,000 for conversion, intentional interference with prospective economic advantage, unjust enrichment, intentional infliction of emotional distress, and exemplary (punitive) damages. Hill-Love removed this action to federal court based on diversity. The district court eventually granted summary judgment to Hill-Love because Hill failed to meet any of the federal court’s discovery deadlines or deadlines for disclosure of witnesses and thus had no evidence that could be presented at trial to support his claims. We affirm.

There was no error in denying Hill’s motion to remand to state court. The district court properly ignored Hill’s belated attempt to avoid federal jurisdiction and adhered to this circuit’s longstanding rule that the “propriety of removal is determined solely on the basis of the pleadings filed in state court,” Williams v. Costco Wholesale Corp., 471 F.3d 975, 976 (9th Cir.2006), as Hill explicitly sought damages in excess of $75,000 in his state court complaint. See also Singer v. State Farm Mut.…