Smith v. CSK Auto Inc.
Opinion
Lead Opinion
MEMORANDUM **
Terry L. Smith appeals pro se from the district court’s judgment dismissing his diversity action for failure to state a claim upon which relief can be granted. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s order denying a motion to remand to state court and an order granting a motion to dismiss. ARCO Envtl. Remediation L.L.C. v. Dept. of Health & Envtl. Quality, 213 F.3d 1108 , 1111 (9th Cir.2000) (motion to remand); Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998) (motion to dismiss). We affirm.
Smith contends he should be allowed to amend his complaint to reduce his request for damages to less than $75,000 and thereby divesting the federal court of subject matter jurisdiction. This contention is unavailing because the existence, or non-existence, of the required amount in controversy is determined at the time the action is commenced in federal court, or arrives there by way of removal from state court. See Sparta Surgical Corp. v. Nat’l Ass’n of Sec. Dealers, Inc., 159 F.3d 1209, 1213 (9th Cir.1998). Consequently, the district court correctly denied Smith’s motion to remand.