Cases from around the world can be (and regularly are) filed in Los Angeles Superior Court. The court is operated very well -- from both an administrative and a judicial point of view. Here are the tests that determine whether a case can be filed in this court.

1. Is There Jurisdiction in California? California allows jurisdiction to the fullest extent under the United States Constitution. C.C.P. §410.10. Jurisdiction can be “limited” or “general”. “Limited” jurisdiction occurs when defendant’s conduct causes harm in California. Example --- An Ohio company that regularly ships boilers to California can be sued in California when one of its boilers explodes in California. Buckeye Boiler, 71 Cal.2d 893. “General” jurisdiction exists when defendant’s activities are such that it can expect to be subjected to suit in California. Example – “Jack-in-the-Box” restaurants in Washington state were subject to general jurisdiction in California when they had regularly carried on business in California. Vons Companies, Inc.. 14 Cal.4th 434.

2. Is Venue Proper in Los Angeles? The lawsuit can be filed in any county in California where the injury or breach occurred or where any one defendant resides. C.C.P. §§395, 395.5. A foreign corporation that has not designated a principal place of business with the California Secretary of State can be sued in any county. Easton, 12 Cal.App.3rd 243.

3. Which District in Los Angeles is the Proper District? If the injury occurred in Los Angeles County, the case must be filed in the district where the injury occurred. If the injury occurred outside of Los Angeles County, the case may be filed in the Central District or in any district where the defendant resides. Cases that do not involve personal injury or death can be filed in the Central District. Emotional distress is not personal injury for purposes of determining the local district in which to file the case. Local Rules of Court, Rule 2.

4. Is the case subject to Removal to Federal Court? Cases filed in Los Angeles Superior Court are subject to removal by the defendant to federal court if there is complete diversity between the parties and no defendant resides in the Central District of California. 28 U.S.C. §1441.

5. What Law applies to the Case? California follows the “governmental interest” approach to choice of law. California will apply it own law unless some reason is presented to apply another law. The laws of some states and countries may be different but not change the outcome of the case, so as to be called “false conflict” cases. When the laws of different states or countries would change the outcome of the case, a “true conflict” exists and the court must consider the interests of the various persons and governments involved in deciding which law to apply. Bernard, 16 Cal.3d 313.

6. Is the Case Subject to Transfer for Convenience? Even if a case may be filed in Los Angeles Superior Court, it can be transferred on request of a defendant to a more convenient forum when “the convenience of witnesses and the ends of justice would be promoted by the change.” C.C.P. §397(c).

This is not meant to provide legal advice. There are many critical details involved on deciding where to file a case that are not (and cannot be) covered here. Consult your own attorney.

For help with your case, contact an attorney at JOHN C. TORJESEN & ASSOCIATES, PC