Skip to Main Content

Starting a Civil Lawsuit in Superior Court: Step 3: Jurisdiction & Venue

Forum Selection Clause

In some circumstances, such as a contract, there may be a Forum Selection Clause. This means that there is an agreement between the contracting parties as to which court will have jurisdiction to hear the case as well as which laws will govern the contract.  If you are filling a lawsuit based on a contractual agreement, please make sure to check the contract and look for a Forum Selection Clause. 

Example wording to look for in your contract:

FORUM SELECTION CLAUSE: "Any suit, claim, or other action to enforce the terms of this Agreement will be brought exclusively in the state and federal courts of San Diego County, California. Company hereby submits to the jurisdiction of that court and waives any objections it may have to that court asserting jurisdiction over Company or its assets and property."

For additional information, please check out:

  • CEB California Civil Procedure Before Trial, Ch. 6, Section 6.79 - Forum Selection Clauses - KFC995.C34 
  • California Pretrial Practice and Forms, Section 1:50 - Contractual Limitations on Forum - KFC995.K86

Jurisdiction & Venue

Personal Jurisdiction

Personal Jurisdiction is the court's jurisdiction over the business or person that you want to sue. The court looks at a few factors to determine if they have personal jurisdiction over the person that you want to sue, such as:

  • The defendant's presence in California;
  • Where the defendant lives; 
  • Whether the defendant gave consent to be sued in San Diego, California; 
  • Other various factors.

Subject Matter Jurisdiction

Subject matter jurisdiction is the court's jurisdiction over the legal issue that you are suing about. There are three types of subject matter jurisdiction, 1) general, 2) limited, and 3) exclusive. Generally, the San Diego Superior court is a general jurisdiction court and hears most civil matters. Check out the California Courts website for additional information on Personal and Subject-Matter Jurisdiction, here. 

If you are suing for up to $35,000, then you will file under Limited Civil Jurisdiction. If you are suing for over $35,000, then you will file under Unlimited Civil Jurisdiction. 

For additional resources, check out:

  • CEB California Civil Procedure Before Trial - Section 6.66 - Jurisdiction over the Individual - KFC995.C34

Venue is the county where you will file the lawsuit. Depending on what you are suing for, the applicable Code of Civil Procedure will be different. For example, venue for a breach of contract for a financed vehicle is under the statute CCP § 2984.4, but the statute for venue for a real property cause of action is under CCP § 392. As the plaintiff, it is your responsibility to ensure that you are bringing the lawsuit in the appropriate venue. 

 

 

Here is a short list of venue statutes:

  • Real Property Lawsuit - The county where the land is located = CCP § 392;
  • Accident or Personal Injury - The county where the accident or injury occurred = CCP § 393 OR the county where the defendant lives at the time the lawsuit is filed = CCP § 395;
  • Contract Lawsuit against a Business - The county where the contract was to be performed = CCP § 393 OR the Corporation's principal place of business = CCP § 395.5;
    • Please be aware of forum selection clauses that may be present in the contract that you are suing about. Check out the box to the left titled "Forum Selection Clauses," for more details.

Note: Even if you have the correct County, there may be Divisions within the County that also determine the proper venue. For example, the San Diego Superior Court has a zip code list that will assist you in locating the proper Court Division within the County of San Diego. 

For additional information,check out the resources below:

  • California Courts website on Venue, here.
  • San Diego Superior Court website about Where to File, including the zip code list for Court Divisions, here. 
  • California Code of Civil Procedure Sections 392-403, here.
  • CEB California Civil Procedure Before Trial, Ch. 8, Venue - KFC995.C34