suing GA company from CA?

[MiguelT]

What is the name of your state (only U.S. law)? CA

I would like to file a suit against a company in Georgia that breached a contract, and they stated in their contract that "It is agreed that this agreement will be governed under the law of the State of Georgia. (This Company, name omitted) has the option of pursuing an action under this agreement in any court of competent jurisdiction in the State of Georgia and the client consents to venue and jurisdiction in the State of Georgia."

Now, to me their venue hinges on their use of the word "option". They certainly have the option of pursuing action in Georgia, but I also have the option of suing them in CA, am I correct in that line of thinking?

Obviously if I filed here they would file for a motion that it's not the correct venue, anything that I can add with the court in my initial filing showing that it indeed is the correct venue?

Either way thanks very much to everyone for your time!

 

[CourtClerk]

You cannot serve the defendant on a breach of contract case outside of the State of California in Small Claims Court (see the California Civil Code of Procedure). Therefore, you will have to sue them in GA.

Additionally, you agreed to sue them in GA when you entered into their contract and it stated

"It is agreed that this agreement will be governed under the law of the State of Georgia. (This Company, name omitted) has the option of pursuing an action under this agreement in any court of competent jurisdiction in the State of Georgia and the client consents to venue and jurisdiction in the State of Georgia."

The bolded, underlined statements solidify jurisdiction should be GA. The sentence you are referring to says the company has the option of suing you in any court in GA. Not that they ever have to come to CA.

 

[MiguelT]

Thanks very much for your reply, much appreciated!