What is the effect of a personal injury clause in a private agreement?
California, United States of America
The following excerpt is from Global Packaging, Inc. v. Superior Court of Orange Cnty., 127 Cal.Rptr.3d 813, 196 Cal.App.4th 1623 (Cal. App. 2011):
The clause is also ineffective to get the parties into federal court in Orange County. The federal court cannot hear a case unless the parties meet the requirements for federal jurisdiction; a private agreement is unavailing. (Mitchell v. Maurer (1934) 293 U.S. 237, 244, 55 S.Ct. 162, 79 L.Ed. 338.) And the central district, not the parties, decides whether a case is assigned to the Santa Ana courthouse.
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