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 $50,000This 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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).