Legal Question in Business Law in California

There are several factors to consider re which courts have jurisdiction. One of them is where the defendant is based. Where you live is not a factor. Without knowing more about the facts and the type of case you want to bring, I can't tell you whether or where in California you might be able to file.

You can't properly file in San Jose - that's the Santa Clara County court. Both Brentwood and Concord are in Contra Costa County. You should file in Martinez. Also, "unlimited civil" is $25,000 and up. Yours is a limited jurisdiction case as described.

It is always risky to make a jurisdictional assessment on limited information, and equally risky to confuse jurisdiction with venue. For one thing a case can be thrown out for improper jurisdiction, but not (with a few exceptions) for improper venue. The first question is whether California state courts have jurisdiction. It sounds like the contract was entered into in California by a company and a person both residents of California at the time. That would give the California state courts jurisdiction. As for venue, the county in which the defendant currently resides, OR where the contract was to be entered into, OR where it was to be performed are all proper venues. Mr. Whipple is right that Contra Costa County would be a proper venue. You don't tell us anything about the contract or how it was to be performed. So we can't say if venue would be proper in Santa Clara county as well or not.

No enough information is provided. Contra Costa County appears to be the proper venue, not San Jose. You should consult with an attorney in your area to get advice given the details of your contract, how and where it was to be performed, etc.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney