Gail Crum v. Circus Circus Enter. Circus Circus Casinos, Inc. Circus Circus Hotel Casino, 231 F.3d 1129 (9th Cir. 2000). · Go Syfert
Gail Crum v. Circus Circus Enter. Circus Circus Casinos, Inc. Circus Circus Hotel Casino, 231 F.3d 1129 (9th Cir. 2000). Cases Citing This Book View Copy Cite
347 citation events (347 in the last 25 years) across 14 distinct courts.
Strongest positive: Malkan v. Omni Hotels Management Corporation (azd, 2021-01-11)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Malkan v. Omni Hotels Management Corporation
D. Ariz. · 2021 · quote attribution · 1 verbatim quote · confidence high
to justify dismissal, it must appear to a legal certainty that the claim is really for less than the jurisdictional amount.
discussed Cited as authority (quoted) Henenfent v. LG Electronics USA, Inc.
E.D. Cal. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of rule 15.
discussed Cited as authority (quoted) Radford v. Lyons Magnus, LLC
E.D. Cal. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of 17 rule 15.
discussed Cited as authority (quoted) Deringer v. Lyons Magnus, Inc.
E.D. Cal. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of 20 rule 15.
discussed Cited as authority (quoted) Sinico v. Lyons Magnus, LLC
E.D. Cal. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of 20 rule 15.
discussed Cited as authority (quoted) Barefield v. HSBC Mortgage Services, Inc.
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive 14 pleading
discussed Cited as authority (quoted) Dr. Tarlochan Singh DDS Inc. v. Dell Computers
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of 4 rule 15.
discussed Cited as authority (quoted) Duran v. City of Porterville
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence low
a motion to dismiss is not a 'responsive pleading' within the meaning of 17 rule 15.
cited Cited as authority (rule) Olivia Freeman v. Safeco Insurance Company of America
D. Alaska · 2026 · confidence medium
Lockyer v. Dynegy, Inc., 375 F.3d 831, 838 (9th Cir. 2004). 6 28 U.S.C. § 1332 (a). 7 See Crum v. Circus Circus Enterprises, 231 F.3d 1129, 1131 (9th Cir. 2000). 8 Singer v. State Farm Mut.
discussed Cited as authority (rule) Steven Nemec v. Kelsey Kanoelani Alao and Alyssa Jade Alao
D. Or. · 2026 · confidence medium
When a plaintiff originally files a complaint in federal court, as Plaintiff did here, “the amount in controversy is determined from the face of the pleadings.” Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Charlotte Bonia, et al. v. Ashe Ventures LLC, et al.
D. Ariz. · 2026 · confidence medium
Lhotka, 599 F.3d 1102, 1106 (9th Cir. 2010) (quoting Crum v. Circus Circus 20 Enters., 231 F.3d 1129, 1131 (9th Cir. 2000)).
cited Cited as authority (rule) Yvonne Real v. Amazon Retail LLC et al
C.D. Cal. · 2026 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Erainna Vidal v. Walgreen Co., et al
C.D. Cal. · 2026 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Media Matters for America v. X Corp.
9th Cir. · 2025 · confidence medium
Lhotka, 599 F.3d 1102, 1106 (9th Cir. 2010) (quoting Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000)).
cited Cited as authority (rule) Valentina F. Correa et al v. General Motors LLC et al
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Michael Sandoval v. Visionworks of America, Inc. et al
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Richard Wang v. Jaguar Land Rover North America, LLC
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Mario Barajas Gutierrez v. General Motors LLC et al.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) Juan Carlos Herrera v. C & J Clark America Inc, et al.
N.D. Cal. · 2025 · confidence medium
The parties dispute whether the amount in controversy exceeds $5 million. 8 “Generally, the amount in controversy is determined from the face of the pleadings.” Crum 9 v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Adrienne Azizi v. Ford Motor Company et al.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Marwan Green v. Flowers Bakeries Sales of Norcal, LLC
N.D. Cal. · 2025 · confidence medium
The 1 “Generally, the amount in controversy is determined from the face of the pleadings.” Crum 2 v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Alicia Miranda v. Home Depot U.S.A., Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Anthony Stevens v. Walmart Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Mercedes Aida Rios v. Structural Preservation Systems, LLC et al .
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) Ayanna Weathersby v. FCA US, LLC
N.D. Cal. · 2025 · confidence medium
See 28 U.S.C. § 1332 (a). 2 There is no dispute here that the parties are completely diverse; the amount in controversy is the 3 only contested requirement. 4 “Generally, the amount in controversy is determined from the face of the pleadings.” Crum 5 v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) Festus Okwudili Ohan v. Walmart Corporation and Taylor Farms
D. Alaska · 2025 · confidence medium
Instead, Plaintiff simply requests monetary damages to be determined by a jury.19 Additionally, Plaintiff’s claims do not raise a plausible inference that either Defendant has caused Plaintiff to suffer damages that exceed 14 28 U.S.C. § 1332 (c)(1) (for purposes of diversity jurisdiction, “a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.”). 15 See Docket 1 at 2 (listing an address in Arkansas for Walmart and an address in Colorado for Taylor Farms). 16 Docket 1 at 1. 17 See Crum v…
cited Cited as authority (rule) Staci Carney v. West Coast Self Storage Group
D. Or. · 2025 · confidence medium
“Generally, the amount in controversy is determined from the face of the pleadings.” Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) Idilio Monsivais v. Darrel Davies
D. Nev. · 2025 · confidence medium
However, where the 23 plaintiff originally files in federal court, “the amount in controversy is determined from the face 24 of the pleadings.” Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000). 25 26 1 In his complaint, Monsivais prays for $20,000 in flights, $15,000 in gas, $40,000 living in 2 hotels, and “other small details now the sum well over 350k.” ECF No. 2 at 4.
cited Cited as authority (rule) Jared David Ibarra v. Compass Group, USA, Inc. et al.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Patricia Gorgonio Rubio et al. v. Nissan North America, Inc. et al.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Nhi Vo v. AB Car Rental Services, Inc. et al
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Esthela Ocampo Rosales v. Costco Wholesale Corporation
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Christopher Lloyd Mitchel v. Ford Motor Company
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Wescott v. Gray
S.D. Cal. · 2025 · confidence medium
Lhotka, 599 F.3d 1102, 1106 (9th 4 Cir. 2010) (quoting Crum v. Circus Circus Enterprises, 231 F.3d 1129, 1131 (9th Cir. 5 2000)).
cited Cited as authority (rule) Mostafa Alani v. Mercedes-Benz USA LLC
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Cecilia Coleman v. Costco Wholesale Corporation
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Luis Alberto Alvarez Reyes v. Nissan North America, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Breanna Tolston v. Nike USA, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Scott Smith v. United Parcel Service, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Rebecca Castillo v. Tommy Bahama R&R Holdings, Inc.
C.D. Cal. · 2025 · confidence medium
The sum claimed by the plaintiff controls so long as the claim is made in 6 good faith.” Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000) 7 (citation omitted).
cited Cited as authority (rule) PivotHealth Holdings LLC v. Horton
D. Ariz. · 2025 · confidence medium
When a plaintiff originally files in federal 25 court, “the amount of controversy is determined from the face of the pleadings.” Crum v. 26 Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Ruti Valenzuela v. Nissan North America, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) Allen v. Mercedes-Benz USA LLC
E.D. Cal. · 2025 · confidence medium
First, he stated, “Jurisdiction must be determined on the basis of 5 the pleadings, viewed at the time the petition for removal was filed.” (Reply at 1 6 (quoting Crum v. Circus Circus Enterprises, 231 F.3d 1129, 1131 (9th Cir. 2000)).) 7 Second, Mr. Whitman wrote, “The Ninth Circuit expressly prohibits ‘[p]ost-removal 8 evidence may not be used to create jurisdiction, only to clarify it.’” (Id. (quoting 9 Matheson v. Progressive Specialty Ins.
cited Cited as authority (rule) David D'Amico v. Olive Garden
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Reina Torres v. McGriff Insurance Services, LLC
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Cristina Moran v. Nissan North America, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
discussed Cited as authority (rule) SP-Spokane WA 1 UT LLC v. Liberty Mutual Fire Insurance Company
W.D. Wash. · 2025 · confidence medium
Whether the amount in 13 controversy exceeds $75,000 is generally “determined from the face of the pleadings,” and courts 14 will defer to the amount “claimed by the plaintiff . . . so long as the claim is made in good faith.” 15 Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000); accord Geographic 16 Expeditions, Inc. v. Est. of Lhotka ex rel.
cited Cited as authority (rule) Henry Han v. Mercedes-Benz USA, LLC
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Patricia Galindo v. Hyatt Corporation
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
cited Cited as authority (rule) Joe Montoya v. Flatiron Dragados USA, Inc.
C.D. Cal. · 2025 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Crum v. Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
Retrieving the full opinion text from the archive…
Gail CRUM, Plaintiff-Appellant,
v.
CIRCUS CIRCUS ENTERPRISES; Circus Circus Casinos, Inc.; Circus Circus Hotel Casino, Inc., Defendants-Appellees
99-15638.
Court of Appeals for the Ninth Circuit.
Nov 2, 2000.
231 F.3d 1129
2000 Cal. Daily Op. Serv. 8842
2000 U.S. App. LEXIS 27333
2000 WL 1638877
Geraldine Kirk-Hughes, Las Vegas, Nevada, for the appellant., Morton R. Galane, Las Vegas, Nevada, for the appellees.
Nelson, Thompson, Trott.
Cited by 297 opinions  |  Published
6 passages pin-cited by 7 cases
Pinpoint authority: #8,188 of 633,719
Citer courts: E.D. California (7)
DAVID R. THOMPSON, Circuit Judge:

Gail Crum appeals the district court’s judgment dismissing her diversity action against Circus Circus Enterprises, Inc., Circus Circus Casinos, Inc., and Circus Circus Hotel Casino, Inc. (“Circus Circus”) for lack of subject matter jurisdiction. The district court dismissed the action on the ground that Crum’s complaint did not allege that the amount in controversy exceeded $75,000 as required by 28 U.S.C. § 1332(a), and that amending the complaint to allege the required amount would be “merely colorable for the purpose of conferring jurisdiction.” We have jurisdiction pursuant to 28 U.S.C. § 1291. We conclude that it does not appear to a legal certainty that Crum’s claim is for less than the jurisdictional amount.. Accordingly, we reverse the district court’s judgment.

FACTS

Gail Crum filed a complaint in the district court against Circus Circus alleging that she was injured on the premises of the Circus Circus Hotel-Casino Theme Park in Las Vegas, Nevada. She alleged that while she was seated at a slot machine with her left hand draped over the back of the chair next to her, her left hand was[*1130] crushed by a change cart being pushed by a Circus Circus employee. Subject matter jurisdiction was based on diversity of citizenship. [1] The amount in controversy was alleged to exceed $50,000. The complaint further alleged that “the present amount of [Crum’s] bills for medical services and treatment is in excess of $11,506;” that she was unable to continue her profession as a massage therapist; that she had been on disability for the past year; and that she faced a lifetime of pain and suffering with unspecified future medical expenses.

Circus Circus filed a motion to dismiss for lack of subject matter jurisdiction, arguing that the complaint failed to allege an amount in controversy in excess of $75,000 as required by 28 U.S.C. § 1332(a). Circus Circus did not dispute diversity of citizenship.

In response to the motion to dismiss, Crum submitted a proposed amended complaint which alleged that the amount in controversy exceeded $75,000. [2] The amended complaint also updated the amount of Crum’s bills for medical services and treatment to $13,000; added an allegation that her future medical expenses would exceed $36,000; and estimated her loss of income to be $100,000. [3]

The district court dismissed Crum’s action for lack of subject matter jurisdiction. Citing St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-90, 58 S.Ct. 586, 82 L.Ed. 845 (1938), the district court stated that it was “satisfied that an amendment to plaintiffs complaint to allege the jurisdictional amount would be merely colorable for the purpose of conferring jurisdiction.” The court added that “[^specially suspicious in this regard is the representation in plaintiffs opposition that her special damages, alleged in the complaint as $11,506, can now be estimated at $36,000. It is fatally inconsistent with the following statement of plaintiffs counsel, made [in a written settlement demand] just nine days before the complaint was filed: ‘Please be advised that my client, Ms. Crum, has now completed her medical treatment and rehabilitation for the above captioned accident.’ ” [4] This appeal followed.

DISCUSSION

A. Standard of Review

We review de novo a district court’s dismissal for lack of subject matter jurisdiction. See Budget Rent-A-Car, Inc. v. Higashiguchi, 109 F.3d 1471, 1473 (9th Cir.1997). We review for clear error the district court’s findings of fact relevant to its determination of subject matter jurisdiction. See Nike, Inc. v. Comercial Iberica de Exclusivas Deportivas, S.A., 20 F.3d 987, 990 (9th Cir.1994).

[*1131] B. Amount in Controversy

District courts have jurisdiction in civil actions where there is complete diversity of citizenship among the parties and the amount in controversy exceeds $75,000, exclusive of interest and costs. See 28 U.S.C. § 1332(a). Generally, the amount in controversy is determined from the face of the pleadings. See Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir.1986). The sum claimed by the plaintiff controls so long as the claim is made in good faith. See St. Paul Mercury Indem. Co., 303 U.S. at 288, 58 S.Ct. 586. “To justify dismissal, ‘it must appear to a legal certainty that the claim is really for less than the jurisdictional amount.’ ” Budget Rent-A-Car, 109 F.3d at 1473 (quoting St. Paul Mercury Indem. Co., 303 U.S. at 289, 58 S.Ct. 586).

It does not appear to a legal certainty that Crum’s claim is really for less than the jurisdictional amount. Crum’s amended complaint alleges that she has incurred in excess of $13,000 in bills for medical services and treatment; that she is unable to continue with her profession as a massage therapist and has been on disability for the last year; that her lost income is estimated to be in excess of $100,000; that she has estimated future medical expenses in excess of $36,000; and that her injuries will cause a lifetime of pain and suffering. Based on these allegations, it does not appear legally certain that Crum cannot recover more than $75,-000. See 28 U.S.C. § 1332(a).

The district court determined that amendment of Crum’s complaint to allege the proper jurisdictional amount “would be colorable merely for the purpose of conferring jurisdiction.” See St. Paul Mercury Indem. Co., 303 U.S. at 289, 58 S.Ct. 586 (stating that “if, from the proofs, the court is satisfied to [a legal certainty] that the plaintiff never was entitled to recover [the amount claimed], and that his claim was therefore colorable for the purpose of conferring jurisdiction, the suit will be dismissed”); see also Pachinger, 802 F.2d at 364 (stating that a defendant may secure a dismissal on the ground that it appears to a legal certainty that the claim is really for less than the jurisdictional amount when independent facts show that the amount of damages was claimed merely to obtain federal court jurisdiction).

The district court found it suspicious that Crum’s special damages were alleged in the original complaint to be $11,506, but are alleged in the amended complaint to be $36,000. The two sums, however, represent different types of damages. The $11,506 described in the original complaint represented the “present amount of the bills for medical services and treatment.” The $36,000 described in the amended complaint represents Crum’s estimate of her “future medical expenses for maintenance.”

The district court also cited LeBlanc v. Spector, 378 F.Supp. 301, 307-08 (D.Conn.1973), for the proposition that “amending a jurisdietionally defective complaint merely to raise the prayer above the jurisdictional amount may be independent evidence the amendment was colorable for the purpose of conferring jurisdiction.” The LeBlanc opinion, however, is distinguishable. The plaintiff in LeBlanc alleged that his damages were exactly $10,000. [5] The court reasonably concluded that, absent a change in circumstances, amendment of this specific amount after a district court finding of a jurisdictional defect would provide evidence that the claim was inflated solely to exceed the jurisdictional threshold. See id. Here, by contrast, Crum did not place a specific dollar amount on her damages. Instead, the original complaint states only that Crum’s damages exceed $50,000.

The district court stated that Crum’s claim in her amended complaint of $36,000 for future medical expenses for maintenance was fatally inconsistent with a state[*1132] ment she made in her settlement demand that “Ms. Crum has now completed her medical treatment and rehabilitation for the above-captioned accident.” We disagree. Crum persuasively argues that the statement in the demand letter was only “an introduction to the insurance adjuster that treatment had reached such a point that settlement can now be negotiated,” not a concession that she would never have any future medical expenses related to her hand. Crum also points out that she alleged in her original complaint that her “injuries ... will cause continuous pain and suffering and need for future medical treatment.”

We conclude that it does not appear to a legal certainty that Crum’s claim is really for less than the jurisdictional amount of $75,000.01 required by 28 U.S.C. § 1332(a) (Supp. IV 1998). Accordingly, the district court’s judgment dismissing the action is

REVERSED.

1

. Crum alleges that she is a citizen of California and that the Circus Circus defendants are Nevada corporations.

2

. 28 U.S.C. § 1332(a) was amended in 1996 to increase the required amount in controversy from $50,000.01 to $75,000.01. See Dardovitch v. Haltzman, 190 F.3d 125, 135 n. 4 (3d Cir.1999) (citing Pub.L. No. 104-317, 110 Stat. 3850 (1996)). The amendment took effect in January 1997. See id. Crum filed her complaint on February 27, 1998. Crum’s counsel states she failed to make changes to the stock paragraphs and forms she uses for routine pleadings, and as a result the original complaint failed to allege that Crum's damages met the higher jurisdictional amount required by the amendment.

3

. Crum proceeded under the mistaken belief that leave of court was required under Fed. R.Civ.P. 15(a) to amend her complaint. Under Rule 15(a), "[a] party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served.” The defendants did not file an answer. Instead, the defendants filed a motion to dismiss. A motion to dismiss is not a "responsive pleading” within the meaning of Rule 15. See Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 216 F.3d 764, 788 (9th Cir.2000). Accordingly, Crum did not need to obtain leave of court to file her amended complaint.

4

.The settlement demand was submitted by the defendants in its reply to Crum’s request to amend her complaint. The demand was for $300,000.

5

. At the time LeBlanc was decided, 28 U.S.C. § 1332 provided that the amount in controversy must exceed $10,000: