Q: Must sue a staff who lives and works locally but his company is located in another state, State Court or Federal Court?
For a strategic reason we need to sue a neighbor for his wanton sexual assaults against us and his breaching a contract, and as well suing his employer (his father’s company) for negligence of his son’s intentional tort injuring us (since when the sexual assault had occurred, his father’s company had been informed of the criminal assault of its employee who was sent here in CA for a sole purpose to work for his father’s company, and the record seemed to show that this sexual harasser had been arrested for sexually attacking another woman in his home town and thus, most likely he was sent far from his family to come work here is because of his known sexual crime record at his hometown…and his father’s company failed to take action to stop him). As we need to sue both the harasser living in CA and his dad’s firm in another state, should we sue in state or federal court? Should we sue in the local county court or we must sue in another state in which his father’s company located?
A: When deciding whether to sue a local staff member and their out-of-state company, you have two options: state court or federal court. In your case involving sexual assaults and breach of contract, suing in the local state court where the incidents occurred, such as California, may be convenient. State courts handle various civil matters and claims based on state law. Alternatively, you could file in federal court, which has jurisdiction over federal law and diversity cases between parties from different states. Consult with an attorney to determine the best course of action based on your specific circumstances.
A:
Federal jurisdiction based on diversity may be a problem. California's jurisdiction over the foreign company seems reasonable. The other State's jurisdiction over the son seems unlikely. Am I or any attorney going to provide you with an iron clad answer that will send you to the right court? Of course not. I am sorry and I do mean to help, but you can't expect to be successful relying on general guidance based on incomplete information on a free online Q and A.
I know you want the father's company to be liable, but you have any caselaw supporting your theory?
Do as you wish.
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