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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10284
Experience:  Just Answer consultant at Self employed
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Can Breach of Contract exist if the plaintiff doesn't

Customer Question

Can Breach of Contract exist if the plaintiff doesn't provide the defendant any recourse?
JA: What state are you in? It matters because laws vary by location.
Customer: Oregon - my former lawyer is suing me for breach because I've been disputing some charges. She has no mediation clause and has rejected arbitration.
JA: Has anything been filed or reported?
Customer: yes - she's suing me for breach of contract and I'm in the process oif answering.
JA: Anything else you want the lawyer to know before I connect you?
Customer: One more question - I initially sued her in Small Claims court for a related matter - the majority of the work was done in california where I live, but I sued in Oregon because the Statute of Limitations expired in California. She's claiming that I expressly consented to Oregon jurisdiction by filing the small claims court. Can I still file for a change in venue
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

While Rule 1.5 of the professional rules allows for arbitration clauses, it does not require them.

http://ethics.calbar.ca.gov/Portals/9/documents/Opinions/1989-116.htm

When a person files in a court that is assenting to jurisdiction; if the court is improper the court may, on its own motion, deny the petition based on jurisdictional issues, or the opposing party may bring it up. But the plaintiff, by filing, would consent to that court. A party can still file for a change of venue as it is up to the court to decide if they are the proper court to hear the motion.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html