Legal Question in Civil Litigation in California
If I wish to file a complaint to start legal litigation against PayPal according to their user agreement I must file in Santa Clara County, California, or Omaha, Nebraska. If I file in one of these courts could I do a motion for change of venue based on I am legally disabled and unable to travel to California also this would put a financial hardship on me?
2 Answers from Attorneys
Your hardship does not change the contract terms. File properly and don't waste your money trying to charge venue
No, it is not an issue of venue, but jurisdiction. You have signed an agreement to only sue in those two locations. Unless you can get that clause thrown out, you can only sue pursuant to the agreement. However, you can file all the paperwork by mail and some by fax (there may be a per page charge), and make most of your appearances by telephone [$50 charge or so].
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