Legal Question in Civil Litigation in California

My brother has failed to live up to the terms of an agreement made when I lent him $80K to purchase the home that he lives in. I live in CA and he lives in PA. Should I hire a PA lawyer, since that is where the property in question is located and bring a breach of contract suit there, or can I file it in CA with a CA lawyer???


Asked on 5/02/17, 12:49 pm

2 Answers from Attorneys

John Molina Jr. Law Offices of John Molina

It depends. In what state did you enter into the loan agreement with your brother? Is there an actual written agreement? If so, that agreement might indicate what jurisdiction applies (if this was included in the agreement)? If you are not certain, you might want to talk to an experienced, competent contract attorney that can better assist you with having an understanding of your potential breach of contract matter. If interested in a no-obligation consultation, contact our office at 888-790-5053.

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Answered on 5/02/17, 1:05 pm

While Mr. Molina is correct that there MIGHT be a basis for bringing an action here in California, you are very likely to have a more complicated and expensive case, since jurisdiction would be contested, and even if you succeed in having jurisdiction in California, and you win the case and get a judgment, you would have to file a separate proceeding in PA after getting the CA judgment in order to have the CA judgment recognized and enforced in PA. So absent some highly unusual circumstances, I can't think of any reason to bother trying to have the case proceed in CA. Just do it in PA in the first place.

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Answered on 5/02/17, 1:15 pm


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