Jurisdiction and Discovery
This is a discussion on Jurisdiction and Discovery within the Attorneys & Legal Ethics forum, part of the ATTORNEYS, COURTS, LITIGATION category; I reside outside the USA and have no contacts in the USA. I have been fraudlently sued by a US ...
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Junior Member
Join Date: Mar 2007
Posts: 2
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I reside outside the USA and have no contacts in the USA. I have been fraudlently sued by a US corporation that came to my country to do business in my country with a company I work for that has no contacts or business outside our country.
It is very clear from my reading that there is absolutely no way a Californian court can claim jurisdiction. The Plaintiff has permanent and ongoing business in our country and retains lawyers in our country and all buiness was done here. The Plaintiff stated in emails to me that it took action in the US because I would not be able to afford legal representation in the US because legal costs were much higher there. The law suit is an attempt at extortion to force me to withdraw complaints I made on behalf of my company to regulatory authorities about major fraud and securities fraud by the Plaintiff corporation. The issue is that I have lodged a Motion to Quash on jurisdictional grounds and Forum Non-conveniens. Although I was forced by circumstances to prepare it myself, I believe I have lodged a very strong and well substantiated case. The hearing on my motion is due to proceed next week. The Plaintiff's Attorney has now served "Discovery" documents, demanding immediate answers. The questions do not relate to jurisdiction, although she claims the answers are needed to determine jurisdiction. She claims her reply to my motion (which claimed insufficient time to conduct discovery to establish "contacts") entitles her to conduct this discovery and to demand that the court dismiss my motion if I do not reply ahead of the hearing date. The Plaintiff's Attorney knows that the action is fraudulent (because documentary evidence has been supplied to her) and that it is patently malicious and has been openly declared to be for wrongful purposes of extortion. I believe she is engaging in attempted trickery, taking wrongful advantage of my lack of access to legal advice and lack of knowledge of processes in your country. Do I have to respond? How do I complain about this conduct if it is, in fact, inappropriate? |
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