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Proper Venue to file

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johnemus

Junior Member
What is the name of your state (only U.S. law)? California
I filed a case against my union trust fund which is handles the distributions of funds for our health care plan. I filed against them for failure to pay a provider for what they feel was "medically unnecessary". I filed in the county where the medical office in which the breach of contract occurred, the union filed for a change of venue which is closer to them and where the trust fund resides. Should I refile in that county or argue Subject Matter Jurisdiction
Thanks for any help.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California
I filed a case against my union trust fund which is handles the distributions of funds for our health care plan. I filed against them for failure to pay a provider for what they feel was "medically unnecessary". I filed in the county where the medical office in which the breach of contract occurred, the union filed for a change of venue which is closer to them and where the trust fund resides. Should I refile in that county or argue Subject Matter Jurisdiction
Thanks for any help.
In what ways will the change in venue affect you and how much do you want to invest in a jurisdictional fight?
 

johnemus

Junior Member
In what ways will the change in venue affect you and how much do you want to invest in a jurisdictional fight?
Quincy thanks for your quick reply.
It would only save me two hours of driving time each way, having to pay to re-file and hopefully put the pressure on them to possible settle the suit against them. Other than that, I was just considering the fact that since the county in which the contract way broken should be the proper venue not where the business resides or as they stated "makes its benefits determinations". Thoughts
Thanks again
 

quincy

Senior Member
Quincy thanks for your quick reply.
It would only save me two hours of driving time each way, having to pay to re-file and hopefully put the pressure on them to possible settle the suit against them. Other than that, I was just considering the fact that since the county in which the contract way broken should be the proper venue not where the business resides or as they stated "makes its benefits determinations". Thoughts
Thanks again
I can see arguments made for either. Unfortunately, if you choose not to re-file, the arguments probably will be made, increasing the cost of your litigation.
 

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