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Question 1. Plaintiff, a manufacturer of computer chips, and two defendants, suppliers of of computer chips, enter into a written contract for the sale and purchase of computer chips. The plaintiff lives in county A and operates his business in the same county. Defendant 1 lives in County B, and defendant 2 lives in County C. The defendants' supply warehouse is located in County D where all payments and accounting matters are handled relating to contracts and all other business activities.The contract was entered into and signed at the plaintiff's office in county A. The plaintiff would deliver the computer chips to the defendants' warehouse after final payment is received. The defendants never made the final payment for the goods, and the plaintiff now brings an action: a claim for breach of contract against both defendants.
Assuming the court has proper jurisdiction, what is the proper venue in this case?
Question 2. Mother, 4 year child, and father all live in California. Child is born and raised in California and currently lives in this state. One year ago, a California court made child custody orders over the minor child through a divorce action filed by Mother. Both Mother and Father have joint legal and physical custody. However, Father has not visited or communicated with the child for the last 6 months. Mother comes to your office and says she wants to move to Texas and wants advice on how she can modify these orders in Texas to gain sole custody.
Your supervising attorney asks you to analyze these facts using California Family Code section 3422 regarding the jurisdictional implications. You can Google the code section online.
Is Swimmingpool Co liable for Martin's actions? On what basis in law would this be the case? Can the company claim they are not liable for Martin because he has not followed instructions? Explain.
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