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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello Dimitry, Thank you for the clarifications. Few more follow

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Hello Dimitry, Thank you for the clarifications. Few more follow up questions in teh same aspect.
1.The contract stipulates legal proceeding in LA, California, what court will this lawsuit be filed at? The damages asked for are greater than $50,000
2.What is the time allowed by the courts for the defendant to respond to a complaint?
3.What are the fees for filing such a complaint?
4.I will have to search for attorney who will take this lawsuit but before that I intend to first send a demand letter along w a copy of the complaint and if that doesnt resolve the matter, I will be pursuing it with an attorney's involvement. Is there any advantage my FL corp. can have over California corp. I would prefer to have my FL corporation file this lawsuit as I am here and I feel I know the corporation laws better in FL

Thank you for your follow-up. It was my pleasure to clarify.

1.The contract stipulates legal proceeding in LA, California, what court will this lawsuit be filed at? The damages asked for are greater than $50,000
This is called a 'choice of law' clause. Therefore since parties agreed on LA, that is where the suit has to be filed.

2.What is the time allowed by the courts for the defendant to respond to a complaint?
There is no obligation to respond but it is usually 30 days.

3.What are the fees for filing such a complaint?
$300-$400 not including service fees. Each courthouse has a slightly different fee structure.

4.I will have to search for attorney who will take this lawsuit but before that I intend to first send a demand letter along w a copy of the complaint and if that doesnt resolve the matter, I will be pursuing it with an attorney's involvement. Is there any advantage my FL corp. can have over California corp. I would prefer to have my FL corporation file this lawsuit as I am here and I feel I know the corporation laws better in FL
FL laws are most definitely typically considered to be far more favorable. But since the contract expressly discusses California as the state where the parties agreed to file, that is where the suit would take place. The FL corporation can still file the suit, bt it would be evaluated under CA law based on the terms.

Good luck.

Customer: replied 3 years ago.

Very well explained and understood. Thank You.


 


1. What court will this be filed at (Circuit/County?)


2. Will our FL corporation lack any advantage vs our CA coporation when filling as a plaintiff or it will not matter?


 

SJ,

This would be filed in either Circuit or County court if the contract does not so specify. Usually the parties take this to county court. I likewise do not see any disadvantage for your FL corporation if it legally agrees to bind itself under the jurisdiction of California law.

Hope that helps.

Customer: replied 3 years ago.

Any advantage of county or circuit court? I read somewhere if the damages over $15k it had to be circuit court. Does that hold true for CA?


Is any one court busier than the other? Or the fees different?


Thanks for the help!

Thank you for your follow-up, SJ.

My apologies but I think you are looking more at small claims versus regular claims. Typically county courts are less busy although I cannot tell you the big difference in fees, as I do not know. Each state's court structure is different, county courts tend to be more formal which is what you would need since you would not be able to file this on your own.

Hope that helps.

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