For diversity jurisdiction purposes, the amount in controversy is determined as of “the time of removal.” See, e.g., Kroske v. U.S. Bank Corp., 432 F.3d 976, 980 (9th Cir. 2005). However, the amount in controversy is not limited to damages that have accrued before removal as opposed to damages that continue to accrue after removal. Rather, the amount in controversy is determined by the complaint operative at the time of removal and encompasses all relief a court may grant on that complaint if the plaintiff is victorious. So, in this employment discrimination case, the amount in controversy included the damages that plaintiff sought for lost future wages, which in this case totaled over $350,000 by plaintiff’s calculation.
Ninth Circuit Court of Appeal (Bybee, J.); April 20, 2018; 2018 WL 1882908