Legal Question in Business Law in California

You need to speak to an attorney in California as soon as possible. The attorney is going to want to see the litigation papers, and will want to file what is known as a motion to quash for lack of jurisdiction. This motion is made at the outset, and cannot be made after your company makes a general appearance. If the motion is successful, it results in the lawsuit being dismissed, not transferred. At that point, the person suing your company would have to refile in Texas. California has what is known as long arm jurisdiction, and California's long arm statute provides for jurisdiction in any basis that is not consistent with the United States Consitution. This involves an analysis of whether California has general jurisdiction or specific jurisdiction over your company.

The scenario that you described sounds bizarre. A TRO is a temporary restraining order, that is issued on an ex parte basis. It usually lasts until it is modified at a preliminary injunction hearing, and is either extended or dissolved.

I agree with most of what Mr. Roach says. It is not clear, however, that the California court lacks jurisdiction over your business. That you are based in Texas is relevant, but so are other facts you haven't mentioned. I would need more information before I could say whether the court in California has jurisdiction over your company.

Even if the court does have jurisdiction, there are other steps you can take to get the case dismissed. Alternatively, there may be a way to remove it to federal court here in California and then transfer it to a federal court in Texas.

Feel free to contact me directly if you want to discuss your options further.

I could not tell if you were given notice of the TRO that will be heard this coming week or that a TRO has already been entered by the court. Normally, it expires in 15 days, but I assume that the Plaintiff is seeking a Preliminary Injunction. It would be best to have the case dismissed in California and force the Plaintiff to re file in Texas. Even though you are a Texas LLC, we would have to prove that you do not do business in California. I am a California attorney, but have handled some cases in Texas Pro Hac Vice. Texas has shorter time requirements for Motions than California. It would be best for you to PDF or fax the complaint and TRO papers to a California Attorney as fast as possible.

Hi, you have to have reason to transfer jurisdiction obviously. The jursisdiction on any case is based on several things and the TRO has to be filed in the court based on venue that are based on the rules of the court.Tthis is not a question that can be answered on an unpaid basis as you cant reply to me nor me to you and there is more information needed obviously. So you do one of two things - 1. you can re-post as a paid question and specifically pick me to reply or you can email me at [email protected] and we can chat a bit. AS your main thing is that you are in need of an attorney - I have to know a few things and then can tell you whether it is possible - it is well within my area of practice - range and expertise - so Iwill wait to hear form you either way. If you email me please ID yourself in the subject line as" question from texas re TRO" so I know it is you.

Regards,

Marcia S.Wertenbeger, Esq.

You need to consult with an attorney as soon as possible. You may or may not have grounds to remove the action to Texas; probably not if you're doing business in California, the act, etc. happened in California, etc. Again, consult with an attorney in ;your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Although you received correct answers to your question from the previous attorneys, just in case you are confused by all the legal jargon, what they are telling you is this:

1. Just because you are a Texas based LLC does not mean you can only be subject to legal action in Texas. Businesses can be sued anywhere they have sufficient "minimum contacts." If someone is seeking a restraining order or injunction in California, I would guess you are doing or have done business here since there would seem to be some kind of conduct they want stopped here. If so, you are 95% sure to be subject to California jurisdiction. In fact if you are doing business here and have not registered with the California Secretary of State as a foreign LLC, which would automatically subject you to California jurisdiction and require you to have an agent for service of process in the state, you have some additional problems beyond this suit.

2. If you have no business contacts with California at all and this plaintiff is suing over something that happened or is happening entirely in Texas, the solution is not to get the case transferred. You want it dismissed for lack of jurisdiction. Then the plaintiff may or may not refile in Texas.