Legal Question in Business Law in California

filing

If a company located in Florida provide free webhosting to a company located in California and the company in California provide free web developing consultation to the company in Florida based on an oral agreement and there is going to be a dispute, which is the proper location to file.


Asked on 11/21/01, 1:02 pm

1 Answer from Attorneys
Joshua Genser Joshua G. Genser, Attorney at Law

Re: filing

The proper place for filing a lawsuit is where the defendant is located. That is, whoever starts the lawsuit has to go to the state where the other party is located. There are circumstances where an out-of-state party can be sued in the plaintiff's state, but the likely result of an attempt to bring that out-of-state party into California is protracted litigation over whether there is that right in this case. The best solution would be for the parties to agree to arbitration of the dispute in a place mutually less inconvenient.

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Answered on 11/21/01, 1:17 pm


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