Legal Question in Business Law in California

a resident of Nevada sued a resident of Utah in the Federal Court in California. He sought $60,000. damages for personal injuries arising from an automobile accident that occured in California. Does the federal court have jurisdiction?


Asked on 11/27/11, 3:50 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

No. The amount in controversy is not above the minimum to bring a suit in U.S. District Court. More than likely, the lawsuit should be brought either in California or Nevada state court. The defendant might file a motion to dismiss based on lack of diversity and/or subject matter jurisdiction.

Read more
Answered on 11/27/11, 4:16 pm
Robert F. Cohen Law Office of Robert F. Cohen

I should have said in either California or Utah, since that's where the defendant lives.

Read more
Answered on 11/27/11, 4:19 pm

Mr. Cohen is correct. No federal question jurisdiction and beneath the jurisdictional amount for diversity jurisdiction, not to mention the fact that diversity jurisdiction requires that one of the parties be a resident of the state in which the District Court sits. Three strikes and the case is thrown out. The Nevada plaintiff could sue the Utah defendant in federal court in Utah if the case met the jurisdictional amount, but since it doesn't, the options are California or Utah state court.

Read more
Answered on 11/27/11, 4:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You managed to get two lawyers to answer your homework question for you. Next time, do the work yourself.

Read more
Answered on 11/28/11, 4:16 pm


Related Questions & Answers

More Business Law questions and answers in California