Legal Question in Civil Litigation in California

I have someone suing me in California, but I live out of state. There is nothing binding me to the jurisdiction that they are suing me in other than the guy lives there. If I make a settlement offer to preserve my right to collect attorneys fees under California law, will I be subjecting myself to subject matter jurisdiction?


Asked on 4/20/12, 2:03 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Before you can have a right to collect attorney fees, you have to have an attorney working for you on the case. If you do, then you should direct this question to her. If you don't (and never did), then you have no right to collect fees and the question is moot.

Assuming you don't have a lawyer, you may be mistaken about the court's jurisdiction over you. You may also be thinking of venue rather than jurisdiction; the two concepts are similar, and laypeople often conflate one with the other.

Finally, whether the court has subject matter jurisdiction has nothing to do with what you do. Your actions may determine whether the court has personal jurisdiction over you, but that is a different question.

Read more
Answered on 4/20/12, 2:28 pm
Anthony Roach Law Office of Anthony A. Roach

I don't think you're confusing jurisdiction. You make it pretty clear that you live out of state and have no ties to California. The general rule is that any appearance other than a special appearance contesting jurisdiction is a waiver of the right to challenge personal jurisdiction. That can take place when you propound discovery, demur, respond to discovery, or file anything with the court other than a motion to quash for lack of jurisdiction.

Settlement offers don't waive jurisdiction per se, unless you actually engage in some sort of court ordered mediation.

Read more
Answered on 4/20/12, 3:14 pm
Terry A. Nelson Nelson & Lawless

Filing anything in court submits you to its jurisdiction. If you can settle the case, do so. Otherwise you will have to hire an attorney in CA to defend you. If serious about doing so, feel free to contact me,

Read more
Answered on 4/20/12, 7:54 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California