Legal Question in Civil Litigation in California
I filed a complaint in pro per of Misrepresentation in California against a Maryland consulting firm (employer). Our contract had a forum selection clause. Because I did not cite any law/authorities in my complaint, I was not able defeat the FSC. Is there anything I can do to keep my case here in California? Can I file another complaint (improved) in federal court?
Thank you.
2 Answers from Attorneys
Courts will usually enforce forum selection clauses. I would need to know more about your case and your contract before I could say whether there is a viable argument you could make. I would also need to see the existing ruling, since it might prevent you from making an argument that could otherwise have succeeded.
Mr. Hoffman is correct. There is no way to advise you based on the lack of facts available. This does illustrate, however, why you should not be proceeding with this in pro per. If you are getting beat up this badly this early in the game, you either need to hire an attorney or give up on your case.