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Contract breach for out of state vendor

1 Answers. Asked on Nov 21st, 2016 on Contracts - California
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I had a contract that was breached for non-payment on 10/31/16. Due to the breach, I did not perform the contract on 11/1/16. On 11/1/16, the vendor terminated the contract without the two week notice stipulated. Additionally, I want to sue the contact person at the company for negligence. He had duty to submit my invoice in a timely manner, he breached that duty with the causation and foreseeableness of loss of contract and future earnings with it. The company is globally headquartered in NY, but has enough contacts with California for jurisdiction. How can I sue them?
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Answered on Dec 03rd, 2016 at 6:25 PM

You can file a lawsuit in California to sue a company headquartered in another state, so long as there is general or specific personal jurisdiction over that company.  Most likely, a California court will find personal jurisdiction over a global company.  You can sue them and then serve the corporation's agent for service of process.

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Most people and business enter into contracts on almost a daily basis. Simply put, a contract is a legally binding agreement between two parties. One party makes an offer to do something in exchange for "consideration," or payment, and the other party accepts that offer. Contacts can be verbal, in writing or even implied. Some contracts--such as signed credit card receipts--are very simple. Others--such as those used to buy or sell real estate--are far more complicated. If you are entering into a complex transaction, it pays to hire a contract law attorney as early as possible in the process. Your lawyer can help negotiate the terms and conditions of the agreement, then draft the contract or review the contract that has been presented to you. Law firms with experience in contract law can also defend you if you or your company has been accused of breaching a contract, or if you need assistance enforcing a existing contract.
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