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

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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 1

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

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

3 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. Where Should I File My Lawsuit in California? bc-llp.com 3

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

4 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 Where Should I File My Lawsuit in California? bc-llp.com 4

There are some circumstances under which you can file a lawsuit in federal court. Federal courts have more limited subject matter jurisdiction.

5 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. Where Should I File My Lawsuit in California? bc-llp.com 5

6 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. Where Should I File My Lawsuit in California? bc-llp.com 6

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

7 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 or , 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. Where Should I File My Lawsuit in California? bc-llp.com 7

JUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined:

JUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined: JUDICIAL REVIEW Judicial Review: The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch. While the U.S. Constitution makes no mention of