How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 38265
Experience:  Retired (mostly)
10097515
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

California Small Claims court jurisdiction. A contractor repaired

This answer was rated:

California Small Claims court jurisdiction. A contractor repaired a building in county “A”, his business is in county “B”, contract was negotiated over the phone and mail, signed in county “C” by property owner, then sent to contractor. The contract’s fine print stated jurisdiction would be where the contractor has his business. The contractor’s stationary had a local phone number to county “C” which was used to negotiate the contract. The contractor filed in small claims in county “B”. On the court forms he certified the contract was signed in county “B”. A friend told me that you can not sign away jurisdiction in a contract. The law trumps the contract.
Can you give me the law number where I can read what California law states as to which court has jurisdiction?

If a part of the contract is not legal, does this make the whole contract invalid since there was not a clause stating if one part ruled invalid does not invalidate the rest of the contract?

California has "jurisdiction," because the entire transaction took place in California. International Shoe v. Washington, 326 U.S. 310 (1945) .

 

Your concern is with proper "venue." A contractual provision specifying the county where an action on that contract will be brought is void. General Acceptance Corp. v Robinson (1929) 207 Cal. 285.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Did you miss the last sentence, now valid since the prevision is invalid.

If a part of the contract is not legal, does this make the whole contract invalid since there was not a clause stating if one part ruled invalid does not invalidate the rest of the contract?

Sorry. My vision sucks.

 

Whether specific unenforceable provisions can be severed from a contract and the remainder of the contract enforced depends on the language of the contract and its subject matter. Severability is a matter to be determined by the court consistent with the intent of the contracting parties. Keene v Harling (1964) 61 C2d 318.

 

Since the particular issue is procedural, it's highly doubtful that the remainder of the contract would be deemed invalid. In fact, I'd say the probability is nil.

Related Business Law Questions