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:
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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.