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· 12/21/2009

Padilla v. AT & T CORP.

Citations

  • 697 F. Supp. 2d 1156
  • 2009 U.S. Dist. LEXIS 126129
  • 2009 WL 6093337

How courts have described this case

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

  • remanding case where defendant failed to meet its burden to establish that “Plaintiff could not amend her pleadings and ultimately recover” against the defendant
  • finding fraudulent joinder where the plaintiff could plead additional facts to support her existing claims against the supervisor brought in the operative pleading
  • “Remand must be granted unless the defendant shows that the plaintiff would not be afforded leave to amend his complaint to cure the purported deficiency.”
  • “Remand must be granted unless the defendant shows that the plaintiff would not be afforded leave to amend his complaint to cure the purported deficiency.”
  • remand must be granted unless defendant demonstrates plaintiff would not 9 | be given permission to amend his FEHA claims
  • ‘a defendant seeking removal based on an alleged fraudulent joinder must do more than show that the complaint...fails to state a claim against the non-diverse defendant.”’

Source: CourtListener parenthetical corpus (CC0).

Judges: Andrew J. Guilford

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.