Varel Inc v. Hiscox Insurance Company, Inc.

I.

DISCUSSION

Diversity jurisdiction under 28 U.S.C. § 1332 requires that the parties to the suit are of diverse citizenship and that the amount in controversy exceeds $75,000. “The burden of establishing federal subject matter jurisdiction falls on the party invoking removal.” Marin Gen. Hosp. v. Modesto & Empire Traction Co., 581 F.3d 941, 944 (9th Cir. 2009) (citation omitted). There is a “strong presumption against removal jurisdiction,” and courts must reject it “if there is any doubt as to the right of removal in the first instance.” Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010) (internal quotation marks and citation omitted).

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 20-9530-DMG (JPRx) Date December 15, 2020

Title Varel, Inc. v. Hiscox Ins. Co., Inc., et al. Page 2 of

In determining whether the removing party has met its burden, courts in the Ninth Circuit consider facts presented in the removal petition as well as any “‘summary-judgement-type evidence relevant to the amount in controversy at the time …