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On this website, I do not always get to give good news, and I am afraid that this is one of these times.Can a person get a complaint thrown out of a California Court because of the above?
Likely not. Notice that the verbiage specifically states that merely the laws of MN apply. It does not state that the only jurisdiction for this matter is MN.
1) It is not unusual for a contract
to state which laws shall govern the contract, be it UCC, federal law, etc. However, stating this does not necessarily have the contract immediately be transferred to that jurisdiction of said laws. Merely, the Court in which the suit has been filed will often agree to adapt the laws of what the contract states to govern the matter;
2) In order to have the suit moved to MN, the clause should have read something akin to "This contract and any tort
, breach of contract
, negligence, and/or any other court action shall only be brought in the State of Minnesota and no other jurisdiction."
This is called a "forum-selecting clause" and often is honored. The Bremen v. Zapata Off-Shore Co., 407 US 1 - Supreme Court 1972
(forum selecting clauses while not historically favored ... are "prima facie
But since here, the clause simply states that the LAWS GOVERNING the contract are from MN, but does not necessarily state that only MN shall have jurisdiction, then it is unlikely that this would be enough to transfer this to MN.
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