Legal Question in Business Law in California

Re: What Locality do I File a suit against an internet company in

Your best bet is to file in the jurisdiction in which the defendant resides. In California, that is generally considered proper venue regardless of other factors. However, you may be able to file elsewhere, depending on a number of factors. For instance, if you signed a contract with this company, the contract may specify where suit should be brought. If the company is located in another state, you may be able to file in your jurisdiction if the object of the contract was to be performed in that jurisdiction.

Re: What Locality do I File a suit against an internet company in

get a litigatiopn attorney or consult with one before you do something stupid --- the best advice in the world -- i am in the sf bay area and will be happy to consult with you for 1/2 hour for free as i need much more additional info to advise you properly

Re: What Locality do I File a suit against an internet company in

There are two somewhat interrelated factors in determining the right court, jurisdiction and venue.

If the prospective defendant is a California resident (in the case of a corporation, read that as "incorporated here") or does substantial business in California and/or is registered to do business here (check the Calif. Sec. of State Web site at ss.ca.gov), jurisdiction is proper in California. Otherwise, you may still be able to get jurisdiction here if the contract were to be performed here. Finally, make sure your contract does not contain a jurisdiction clause establishing jurisdiction in another state.

The venue question considers in which California county the lawsuit may (or must) be tried. When land is at issue, proper venue is the county in which the land is situated. For other matters, there is a host of rules, all intended to place venue where trial is the least burdensome upon the defendant(s) and the witnesses.

In general, you are pretty safe seeking venue where any defendant resides (or where a corporation has its principal place of business), but you may be able to get venue in another county based upon where the contract was to be performed, where the witnesses and/or evidence is located, and many other factors that could make a county a reasonable trial location. However, the convenience of the plaintiff is a very minor consideration.

If in doubt, you can always file in a county that seems like a reasonable choice to you, and oblige the defendant to move for a change of venue. However, you musy make your choice in good faith.

Re: What Locality do I File a suit against an internet company in

The other attorneys have done a good job of describing various venue considerations, but neglected one point: the click-wrap contract may specify the only appropriate venue. You need to take a look at the contract you entered into before determining where to file your lawsuit.