Asked in Personal Injury and Civil Litigation for California

Q: How is proper jurisdiction & venue determined in a joint/several liability case with defendants from multiple counties.

Is there a CA state equivalent to federal diversity jurisdiction when parties reside in different areas of the state?

3 Lawyer Answers
Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: There are exceptions but it's usually where a defendant lives or does business or where the action or activity occurred. If there is a contract involved then the contract will usually dictate. Courts have some discretion and a defendant could be successful in moving the venue based on the facts and circumstances.

Patrick William Steinfeld agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: usually one looks at where someone lives or works and where it is to take place.

type up a summary of the facts and request a consultation with a local civil trial attorney

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: Jurisdiction looks at what state and what court a lawsuit would be filed in. If the case involves a federal questions or parties from out of state, then the proper jurisdiction may involve federal court. Most attorneys try to avoid federal court because generally the presiding judge conducts voir dire.

Venue looks at the proper court within a jurisdiction. So if California state court is the proper jurisdiction, then venue is based upon the county (1) where the defendant's reside or (2) where the accident occurred. As Mr. Greene stated, the judge has discretion.

Note that out of state businesses that conduct business in California may fall within the jurisdiction of California (provided your claim does not involve a federal question).

If you have an attorney they should be able to answer this question. If you don't have a lawyer feel free reach out to one of the attorneys on this forum. Many of us practice throughout California and offer free consultations on personal injury claims.

Good luck. Patrick

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