Legal Question in Real Estate Law in California

Which court do we, as a corporation, sue our country club amenities owner for breach of covenants outlined in our CC&R's? We want specific performance of the covenants she agreed to when she purchased the club amenities. She is not properly maintaining them. Thank you.


Asked on 1/12/16, 2:41 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, before bringing suit, lawyers generally recommend exhausting all reasonable possibilities for negotiating or mediating a settlement, or in your case, making demands for compliance. Then, check to see whether there is an arbitration agreement covering the situation. Finally, if litigation is necessary, your corporation will need to engage a lawyer -- corporations cannot be self-represented. Your lawyer will be able to figure out the appropriate court and provide other advice. Essentially, selection of a court involves its jurisdiction -- of the parties and the subject matter. Seeing no likely Federal jurisdiction and matters that exceed small-claims jurisdiction, I'd say your proper court is likely to be the superior court of the county in which either (a) the owner lives or does business, or (b) where the country club is situated. In unusual situations, there might be other possibilities or a different requirement.

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Answered on 1/12/16, 4:03 pm


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