· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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