Legal Question in Business Law in California

Re: Were to SUE

Whether you can sue in Northern California depends on whether the performance expected under the contract was to be done in Northern California. If so, you may be able to sue there.

Re: Were to SUE

Step 1 is to review the contract itself to see whether it contains a provision establishing venue in a particular county; if so, that is likely to be enforceable.

If the parties did not agree in advance upon venue in a particular county, then the provisions of Code of Civil Procedure section 395 would apply. In general, venue is proper in a contract action in any of the following: (1) the county where any defendant resides; (2) the county where the contract was entered into; or (3) the county where the contract, or any major portion of it, was to be performed by the party being sued.

A contract is "entered into" at the place where the last act necessary to make it binding is done. Usually, this is acceptance of an offer. If the defendant FAXed you a signed offer from So. Calif. and you signed it in No. Calif. and mailed or FAXed it back, the contract was formed in No. Calif. unless it has some language saying "subject to confirmation by us at our So. Calif. headquarters" or something of that sort.

Deliberately filing a suit in the wrong court may subject the plaintiff to monetary sanctions. Therefore, be sure to have a sund theory on why you filed in a particular court.

Finally, lots of suits are filed by plaintiffs in far-away courts because they have no other choice. Modern rules of procedure allow much court business to be handled by telephone or facsimile, including filing of court papers and appearance at many kinds of hearings.

Re: Were to SUE

In addition to what attorney Whipple has to say, courts usually don't require the appearance of a party until settlement conference and/or trial. Of course, depositions are usually taken, and they have to be within a certain distance of the courthouse where the action is pending or within a certain distance of the party's home county. Please let me know if I may be of further assistance.

Re: Were to SUE

Mr. Whipple's very thorough analysis is exactly correct. Your description sounds like you faxed an offer to the other company. If they signed it and faxed it back, chances are that you will need to file in Southern California.

My office is located in San Diego County, which is about a Southern California as you can get. Feel free to email me or call me office if you need further assistance.

Re: Were to SUE

You cannot go wrong by filing it in the county that the defendant resides. Call me directly at 16192223504.

Re: Were to SUE

Usually suit is in the locale of the defendant, or where the contract was entered or to be performed. There are numerous facts to be discussed before such decision can be made. However, if you are a corporation, you can't sue without an attorney, so he can advise you of all the issues. Feel free to contact me if interested in having SoCal counsel as needed for this.

Re: Were to SUE

Normally you will have to sue either where the contract was entered into or where the Defendant resides. Some contracts include a clause where a lawsuit may be brought - venue. Please call me if you have any other questions.

Re: Were to SUE

As you can see from the other responses there are several questions that need to be answered. However, you can always sue the defendant where he/she/it resides, i.e., So. Cal.

Let me know if you need someone in this area, Ventura County, Los Angeles County, etc.

Caleb

www.LEGALWARRIORS.com