Legal Question in Civil Litigation in California

As long as my complaint prayer asks for an order of the defendant to pay the plaintiff $75,000.00 or greater, does the District Court have jurisdiction on such complaint even though the District Court would not have jurisdiction under diversity?


Asked on 8/04/14, 11:27 am

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

If diversity jurisdiction is not applicable, then the $75,000 minimum is not relevant. If no diversity, then must fit under Federal Question jurisdiction. This article might be helpful: http://www.law.cornell.edu/wex/subject_matter_jurisdiction

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Answered on 8/04/14, 11:32 am
Anthony Roach Law Office of Anthony A. Roach

No, it has to be in excess of $75,000.00 AND the parties have to be completely diverse. You have to satisfy both elements to have jurisdiction.

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Answered on 8/04/14, 12:43 pm

The previous answers are correct. I would just add that this is all applicable if you are trying to bring a state law case. If your case is based on a question of federal law, neither diversity nor the dollar limit are relevant.

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Answered on 8/04/14, 12:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

No. With a couple of rare exceptions, a federal district court has jurisdiction only if (A) the amount in dispute is at least $75,000 AND no defendant resides in the same state as any plaintiff, or (B) the case involves a federal question. (The exceptions include disputes between states, and cases involving ambassadors and other foreign officials.)

By itself, the $75,000 minimum is not enough to trigger federal jurisdiction. It also does not apply in cases involving federal questions. It applies only to diversity cases, and does not define a distinct category of federal cases in its own right.

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Answered on 8/04/14, 12:52 pm


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