Legal Question in Business Law in California

Breach of contract

I am being sued in a California court, although I live and operate my business from Alabama. The plaintiff lives in Marin County, CA. I also entered into the contract by fax and the main issue (the selling of wines) in the contract took place from my Alabama office. What motion may I undertake to move the case to an Alabama court? Since the plaintiff's suit is less than $5000 could I submit a motion to move the case to a small claims court? I understand that unless a contract in California has an ''attorney fees clause'' (which mine does not) then the plaintiff can not sue for attorney fees. Is this correct and do I answer this in my ANSWER-CONTRACT or elswhere?


Asked on 12/10/00, 10:24 pm

1 Answer from Attorneys
John Poti Law Office of John M. Poti

Re: Breach of contract

It depends on what your contacts are with the State of California as to whether they will be able to establish jurisdiction over you. Do you have an office there? Do you advertise in the local papers/magazines for California business? Did your contract have a clause that addresses which state law would apply in case of a dispute? If you think you can dispute jurisdiction, I suggest you contact a California attorney to put in a "special appearance" on your behalf for the sole purpose of objecting to jurisdiction. If granted, the Plaintiff would then have to come to Alabama and file suit.

As far as the "attorney fees clause," you'll need to consult a California attorney to address California law.

I hope this helps. If you have any further questions, or if I can be of any additional help, please feel free to call me at (334) 361-3535.

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Answered on 12/12/00, 11:22 am


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