Alberto R. Garza and Leticia I. Garza v. Burch Construction, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that courts dealing with fraudulent joinder challenges must consider 28 whether a deficiency in the complaint could possibly be cured by granting the plaintiff leave to amend
• holding that on fraudulent joinder question, the “court must consider … whether a deficiency in the complaint can possibly be cured by granting the plaintiff leave to amend”
• concluding that defendant “had a 23 24 Inc., No. 14-08306 MMM (PLAx
• explaining that a claim against a defendant may fail under Rule 12(b)(6), but that defendant is not necessarily fraudulently joined
• stating that a district court must consider “whether a deficiency in the complaint can possibly be cured by granting the plaintiff leave to amend.”
• noting that the Ninth Circuit has “declined to uphold fraudulent joinder rulings” that required “a searching inquiry into the merits of the plaintiff’s case”

Source: CourtListener parenthetical corpus (CC0).