Where Should I File My Lawsuit in California? bc-llp.com 1

WHERE SHOULD I FILE MY LAWSUIT

IN CALIFORNIA?

“If you are filing a lawsuit against someone for a breach of contract, an injury, or any other type of wrong that you

have suffered, it is important that you understand your legal rights and obligations.”

Where Should I File My Lawsuit in California? bc-llp.com 2

If you are filing a lawsuit against someone for a breach of contract, an injury, or any

other type of wrong that you have suffered, it is important that you understand your

legal rights and obligations. For your claim to move forward, you must file your

lawsuit within the statute of limitations for your particular cause of action. You also

must file your lawsuit in a court that has both personal and subject matter

jurisdiction.

An Irvine, CA litigation lawyer can provide you with advice on where you should file

a lawsuit. Your attorney can take care of all aspects of filing your case for you so you

do not end up jeopardizing your rights because of a procedural error.

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Where to File a Lawsuit

First and foremost when you have a grievance, you must ensure that you actually

have the ability to file a lawsuit. If your claim arises out of a contract, your

agreement may have an arbitration clause in it. If it does, then you will need to go to

arbitration to settle your

dispute. If you try to file a

lawsuit, it will likely be

thrown out so your case

can proceed to

arbitration. You can try

to argue that an

arbitration clause should

not be enforceable, but

this is going to be

effective only in a limited

number of cases where the contract was one you couldn’t negotiate on and where

the terms of the agreement are patently unfair to you and in favor of the drafter.

If you do not have an arbitration clause, then you should also review any contract or

agreement carefully to find out whether there was a forum selection or venue

selection clause. A contractual agreement may specify a specific court in which you

must pursue legal action. Again, you likely will have to comply with these terms

unless you can convince the court that it is unfair to make you do so.

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If your claim arises out of an injury or is otherwise not based on a contractual

relationship or agreement, then you won’t have to worry about an arbitration clause

or about a venue or forum selection clause. However, there are still rules regarding

where you can file your claim. The rules stipulate that the court has to have personal

jurisdiction (the right to issue a binding ruling affecting the plaintiff and defendant)

and has to have subject matter jurisdiction (the right to rule on the issues that have

been raised in the case).

Many types of lawsuits will need to be filed in a local state court where the parties

live and/or where the crux of the action leading to the lawsuit took place. This could

be the local area where you were injured or where a contract was signed or

agreement was carried out. State courts are courts of general jurisdiction when it

comes to subject matter, which means they can preside over lots of different kinds

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of cases including breach of contract claims and personal injury cases. State courts

have personal jurisdiction over anyone with sufficient connection to the states,

including people who live there, who do business there and, in certain cases, who

visit the area.

There are some circumstances under which you can file a lawsuit in federal court.

Federal courts have more limited subject matter jurisdiction. You are only going to

be able to file your case in federal court if your claim arises out of a federal question

or if there is diversity jurisdiction.

A federal question means that your grounds for your cause of action are based on

the Constitution or some federal law. For example, an employment discrimination

case that is based on allegations of discrimination under Title VII of the Civil Rights

Act of 1964 could potentially be

brought in a federal court because

the anti-discrimination law is a

federal law.

Diversity jurisdiction means that

you and the defendant are from

different states or from different

countries. Diversity jurisdiction

only exists if the amount in

controversy (the amount that your lawsuit is about) is $75,000 or greater.

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Often, when federal jurisdiction exists, the state court also has concurrent

jurisdiction. This means you could file your case in either federal or state court. An

experienced Irvine, CA litigation lawyer can help you to determine what the best

court is for your particular claim. Some lawsuits, however, must be filed in a very

specific court. For example, tax cases, bankruptcy cases and some types of securities

litigation are handled only in federal court. To learn more and to get help filing your

lawsuit, contact an Irvine litigation lawyer today.

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About Brown & Charbonneau, LLP

At Brown & Charbonneau, LLP, we offer our clients the experience and resources of a large firm, combined with the personal, attentive client service of a smaller “boutique” law firm. Whether you need help with a business dispute, divorce or family law problems, or are dealing with employment law issues or any other complex legal problem, we will give you the time and attention you need to fully explore your legal options. We will work with you to find a solution that works for you.

Our firm’s founding partners and associates have over 75 years combined experience working in their respective practice areas. We offer clients:

Attorneys with extensive trial experience The services of a certified trial specialist Award-winning lawyers with real-world business experience Competitive rates and a focus on cost-effective legal solutions Spanish language services Evening & weekend hours by appointment Free initial consultations for personal injury cases

In every case we handle, our focus is on finding solutions that work for our clients. Our versatile practice is equipped to meet this objective, whether through transactional law, negotiation, or trial advocacy.

Brown & Charbonneau, LLP attorneys are known for communicating regularly with clients and always being there to meet our clients’ needs. Our attorneys speak both Spanish and English. We will keep you informed throughout your case and treat your legal issue with the importance it deserves. Call today at 866-237-8129 or 714-505-3000, or contact us online to schedule a consultation on your case to learn about how our Irvine, CA law firm can help with your legal needs.