Legal Question in Civil Litigation in California
jurisdiction
if a resident of another state wanted to sue los angeles county would they have to file in the district court our could they file in superior court?
3 Answers from Attorneys
Re: jurisdiction
It depends upon the nature and amount of the claim. District courts are part of the federal court system, and federal courts only have jurisdiction of cases (1) involving federal laws or the U.S. constitution, or (2) in which none of the plaintiffs reside in the same state as any defendant *and* in which the amount in controversey is at least $75,000.
The superior court is part of the state court system, and it would have jurisdiction over every case which does not qualify for federal jurisdiction.
Additionally, many cases could be brought in either the state or federal court. In such a case, the plaintiff can choose which court to use, and this choice will be based upon a veriety of factors too numerous to discuss here. The defendant can then try to have the case moved if it prefers the other court system.
Re: jurisdiction
In further response, if you are suing the County for any tort, you must present a government tort claim within the time period required or, except for certain exceptions, you might be time barred.
Re: jurisdiction
They could file in L.A. County if the Defendant was located there. They could file in District Court only if the amount was over $75,000. I prefer filing in District Court since it is less crowded and faster to get to trial.