Legal Question in Civil Litigation in California
I reside in Maryland and I'm being sued by a hospital in Los Angeles County, CA for extroardinary costs for services provided for a one night stay while I was traveling on business in CA over 1 year ago. The summons was filed through the Supreme Court of CA , Count of LA. Do I have grounds to motion for dismissal based on either personal jursdiction or forum non convenience?
6 Answers from Attorneys
Neither of those are likely to work. You will be required to defend in Los Angeles.
You haven't given enough information. If you were insured, and you are being sued anyway, you could be a victim of illegal "balance billing."
I very much doubt it. You might have valid defenses, but even if you do you will have to present them to the court in Los Angeles unless you and the hospital can agree on a settlement.
Alternatively, you may be able to discharge some or all of this debt in bankruptcy. This prospect, if it seems plausible, will give the hospital an incentive to negotiate with you.
Feel free to contact me directly if you want to discuss your case further.
California has personal jurisdiction over anyone in the world for debts incurred while physically present in California. That is a pretty standard example of "long arm" statutes that have long been upheld as constitutional by the U.S. Supreme Court. Considering that they would have to collect against your assets, however, and I doubt you have any assets in California, a judgment against you would be worth somewhat less than one against a local. If you dispute that you owe anything, you'll have to defend in California. If you concede you have an unpaid bill, however, you should be in a pretty good position to negotiate something reasonable.
No. You're going to have to fight this battle here, where the services were provided, and where the Complaint was properly filed. Contact your various insurance companies to see if you have any coverage that will pay or handle this. Otherwise, you can hire a local attorney to either negotiate a settlement or defend the case, it the amount in question is worth doing so, or you can try to do 'long distance pro per' games. If serious about hiring counsel, feel free to contact me.
The fact that you were physically present in the State of California, and the fact that you incurred treatment here, and entered into an implied contract is sufficient contacts for the court to exercise specific jurisdiction over you. I think you need to resolve the billing issue, as Mr. Stone pointed out.
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