Legal Question in Business Law in California

Breech Of Contract

I entered into an agreement with a New York based company. I live in California. The N.Y. based company is now in breech of the contract. Do I have to go to N.Y. to sue them? I signed the contract in California, and made payment via credit card from California.


Asked on 8/21/02, 7:27 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Breech Of Contract

I would need more facts before I could offer a reliable answer, but you probably could sue in California.

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Answered on 8/21/02, 8:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breech Of Contract

The issue is so-called 'personal jurisdiction' of the court. A California court can obtain jurisdiction over the 'person' (a corporation is a 'person' created by law) if the corporation is incorporated or conducts significant business here. If on the other hand the corporation has only sporadic and unimportant business connections with California, it probably cannot be sued here.

One factor a lawyer would consider is whether the corporation has a registered agent here. If so, it is probably subject to service and suit here. Even if it is unregistered with the Secretary of State, it may be subject to California's jurisdiction.

So, if it is a mom-and-pop small business, you probably can't sue it here, and if it's a Fortune 500 company, you probably can; anywhere in between, it's hard to predict.

Questions of state-court jurisdiction come up fairly often and not even lawyers can always predict whether jurisdiction in a particular court is proper.

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Answered on 8/21/02, 8:22 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Breech Of Contract

Most probably ...you can sue them here...need to know more about the Company you are going after!!!!

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Answered on 8/21/02, 9:43 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Breech Of Contract

If the contract was entered into in California then you can sue for breach of contract here.

Oftentimes the company will default on an action filed in California allowing you to obtain a default judgment which then can be excuted upon in NY or anywhere where one can locate the company's assets.

If you are in the Los Angeles area,you may want to call us for a consultation and we can give you a better idea of how to proceed and what we may be able to do for you, etc.

I hope this response is helpful.

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Answered on 8/22/02, 1:37 am


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