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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101312
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Suing for food poison. It happened in Long Beach – I can file

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Suing for food poison. It happened in Long Beach – I can file in long beach OR Los Angeles main court house I have my pick yes
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. I am going to assume that you live in CA.

If so, then I am afraid that you would have to file in NY. This is because even though you as PLAINTIFF live in CA, the action occurred in NY, and the DEFENDANT does business in NY, and not CA. Because the defendant does not do business in CA, CA's long arm statute of jurisdiction does not reach to the Defendant in NY. . Luberski, Inc. v. Oleficio FLLI Amato S.R.L. (2009) 171Cal.App.4th 409, 413. I am afraid NY is the proper jurisdiction.

Of course if the defendant files simply an ANSWER to your CA suit, then they "waive" the jurisdictional issue, arguably, and lock themselves into CA.

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Customer: replied 3 years ago.

?? in happen in Long Beach Ca not NY


 


also what is the Statute of limitations on a food poisoning case in law and Long Beach California Los Angeles County

Friend,

My apologies. I thought you meant Long Beach, New York.

Yes, you have your pick then as to WHERE to file - in their county or in yours. My apologies for the misunderstanding!

also what is the Statute of limitations on a food poisoning case in law and Long Beach California Los Angeles County

Two years from the date of the action under Civ. Proc. §335.1, if the case stems from physical injury (illness included) from the negligence of another.

Again, my apologies for the misunderstanding.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer: replied 3 years ago.

great job thank you


 


I was sick for 5 day = ever hour vomiting - it was so bad!


i have the vomit and food and the lab match it


 


what do u think something like that may be worth ??

M, sorry to hear that. It may be worth it if the lab results can prove that the sickness was tainted and the sickness was directly the result of the Defendant's food. Traditionally, it is not easy, but it can be done if you are willing to spend for the lab results...

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Customer: replied 3 years ago.

sick for 5 day = ever hour vomiting = can the case be worth $25,000.00???


 


or more ??

M,

This would be up to the jury to decide. If they find the Defendant responsible, you may get back time missed at work and legal fees. As for punitive damages, this is very subjective and is up to the jury... it really depends and can vary widely.
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