Business Litigation in San Jose and the Santa Clara County Courts
Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).
Kolmogorov Law, P.C. is a California business litigation firm based in Irvine. We take business and commercial litigation matters in the Santa Clara County Superior Court, for businesses, owners, and investors. We do not have an office in San Jose. This page explains where a San Jose case is heard, in state or federal court, which local rules shape it, and what the rules allow from Irvine.
Call (909) 235-6116 or contact us online about a business dispute in Santa Clara County.
Where a San Jose business case is heard
Claims under California law, such as breach of contract, breach of fiduciary duty, and fraud, are usually filed in the Superior Court of California, County of Santa Clara. Some belong in federal court.
Santa Clara County Superior Court: the Downtown Superior Court
Local Civil Rule 1.C requires all limited and unlimited civil cases to be filed in the Downtown Superior Court. That courthouse is at 191 North First Street in San Jose. Civil cases are heard there and in the Old Courthouse at 161 North First Street. The rule has no exception for a plaintiff in Palo Alto or Morgan Hill.
A general civil case is assigned to a case management judge when it is filed, with an exception for certain writ petitions. That judge's department hears the pretrial motions, discovery motions included. Under Local Civil Rule 9.A, the case management judge sets the trial date, and at a later trial assignment hearing the case goes to an available trial judge or onto standby. Trial counsel and the parties must be available for trial during the entire week after that hearing.
Complex civil departments
The court has Complex Civil Litigation Departments and publishes Complex Civil Guidelines for them (revised August 31, 2026). A complex case is an action that requires exceptional judicial management. (Cal. Rules of Court, rule 3.400(a).) The rule's listed factors include many separately represented parties, a substantial amount of documentary evidence, and coordination with related actions in other courts. The amount in dispute is not on the list.
Under the Guidelines, a case may be assigned to a complex department for all purposes on the court's own motion or a party's, and the court has discretion to accept or reject the designation. In a complex case, the plaintiff must serve a copy of the Guidelines with the summons and complaint. Unless the Court authorizes otherwise, no discovery motion may be filed there until the parties have met and conferred and held an Informal Discovery Conference with the Court. The Guidelines are on the court's complex civil litigation page.
Federal court: Northern District of California, San Jose Division
The federal trial court here is the United States District Court for the Northern District of California. Pavel Kolmogorov is admitted to practice there. The clerk's office for its San Jose Division is in the Robert F. Peckham Federal Building and United States Courthouse, 280 South First Street. Under the court's Civil Local Rule 3-2, civil actions that arise in Santa Clara, Santa Cruz, San Benito, or Monterey County are assigned to the San Jose Division, apart from case categories assigned district-wide. An action arises where a substantial part of the events or omissions giving rise to the claim occurred, or where a substantial part of the property at issue is situated.
A business case reaches federal court in two main ways: a claim arising under federal law, or a dispute between citizens of different states with more than $75,000 in controversy, not counting interest and costs. (28 U.S.C. §§ 1331, 1332(a).) Our page on state court and federal court explains the choice.
Local rules that change how a case runs here
The court's Local Rules of Court are labeled effective July 1, 2026.
Tentative rulings: Local Civil Rule 8.D
Before a motion hearing, the judge may post a tentative ruling on the court's tentative rulings page. Rule 8.D says tentative rulings are generally available by 2:00 in the afternoon, and no later than 3:00, on the court day before the hearing. A party that wants to contest the ruling must give notice of its intention to appear, to the other side and to the Court, no later than 4:00 that same afternoon. If the Court has not directed oral argument and no one gives timely notice, the tentative ruling automatically becomes the order of the Court on the hearing date.
That window can be as short as one hour. A party has that long to read the ruling and decide whether to argue. The statewide rule requires that the other parties be notified by telephone or in person. (Cal. Rules of Court, rule 3.1308(a)(1).)
Case management: Local Civil Rule 1
Except in collections cases and certain writ petitions, the filing party submits a blank Civil Lawsuit Notice, form CV-5012, with the complaint. The clerk completes it with the judicial assignment and the first hearing date, and it is served along with the complaint.
Outside a few listed case types, such as collections cases, the clerk schedules the first case management conference approximately 180 days after the complaint is filed. Attendance at every conference is mandatory unless the Court excuses it. In the complex departments, the Guidelines generally set the first conference 120 days after filing. They also replace the statewide form CM-110 with a joint statement, due no later than five calendar days before each conference. Our case management conference page explains the statewide rules.
Motion dates and ex parte applications: Local Civil Rules 7 and 8
A motion needs a reserved hearing date. Under Local Civil Rule 8.A, the moving party must first meet and confer with the other side on mutually agreeable dates, then follow the reservation procedure on the court's website. Only one date may be reserved. Unless a rule or statute requires otherwise, the date is forfeited if the motion, with its supporting memorandum and evidence, is not filed within five court days of the reservation.
Ex parte applications, including requests for a temporary restraining order, move faster. Under Local Civil Rule 7.C, any written opposition is due by the end of the day the application is filed. The Court decides the application on the papers unless it orders otherwise, and it attempts to rule within 24 to 48 hours if possible.
Electronic filing: General Rule 6
The court's General Court and Administration Rule 6 requires all parties represented by attorneys in civil cases to file and serve documents electronically, except when a statute or rule requires personal service. Ex parte applications have their own rule. Filers must use one of the court's approved electronic filing service providers. Self-represented parties are not required to file or serve electronically. Proposed trial exhibits are lodged with the trial department on paper, unless the Court instructs otherwise.
Court ADR programs: Local Civil Rules 2 and 3
Under Local Civil Rule 2, the Court refers all general civil cases to an appropriate form of ADR before trial, unless a case is exempt or there is good cause to dispense with the requirement. The parties may choose any provider, including one who is not on the court's list. Once a case is set for an ADR review hearing, the Court expects ADR to be completed by that date, and failure may lead to sanctions.
Local Civil Rule 3 creates the Judges ADR Program. The parties may apply, on form CV-5017, for a mediation or settlement conference with a sitting civil judge, and the session must begin within 30 days of approval unless the Court orders otherwise. Our business mediation page covers how to prepare.
Where the case can be filed
Venue decides which county's court hears a state case. The general rule points to the county where the defendants, or some of them, reside when the action begins. Outside consumer transactions, if a defendant contracted to perform an obligation in a particular county, the case may also be filed there or where the contract was in fact entered into. The county of performance is where the obligation was incurred, unless a written contract expressly says otherwise. (Code Civ. Proc., § 395, subd. (a).) A corporation or association may be sued where the contract is made or is to be performed, where the obligation or liability arises or the breach occurs, or where its principal place of business is situated. (Code Civ. Proc., § 395.5.)
So a corporation with its principal place of business in San Jose can generally be sued in Santa Clara County. A local business that agreed in writing to perform in another county can generally be sued there. The court keeps its power to transfer a case. A contract may also name another county, another state, or arbitration. Our forum selection clause page covers whether a court will enforce that choice.
How we handle a case from Irvine
Statutes and court rules allow much of a Santa Clara County case to be handled without a local office.
Remote appearances
In a civil case, a party that has given notice to the court and all other parties may appear remotely at conferences, hearings, and proceedings. (Code Civ. Proc., § 367.75, subd. (a).) The court may still require an in-person appearance on grounds the statute lists, such as a finding, hearing by hearing, that one is necessary. Trials and evidentiary hearings have their own provision, and the section remains in effect only until January 1, 2032. (Code Civ. Proc., § 367.75, subds. (b), (d), (m).)
Under the court's General Rule 9.D, a party may give notice that it will appear remotely for the duration of the case by filing form RA-010 at least 5 court days before the next scheduled hearing. Local Civil Rule 5 requires video for remote appearances in the Civil Division and bars telephone-only appearances, unless the Court permits otherwise. General Rule 9.C lets the court require a party or attorney to appear in person at any hearing.
Electronic filing and service
Represented parties file electronically in this court, so filing does not depend on where counsel's office is. A represented party that has appeared must also accept electronic service of a document that may be served by mail, express mail, overnight delivery, or fax. (Code Civ. Proc., § 1010.6, subd. (b)(2).)
Remote depositions
The deposition officer may attend from a different location than the witness, at the election of the witness or the deposing party, and the witness need not be physically present with the officer when sworn. (Code Civ. Proc., § 2025.310, subd. (a).) Subject to section 2025.420, a party or attorney of record may be physically present at the witness's location but is not required to be. (Code Civ. Proc., § 2025.310, subd. (b).)
Business disputes we take in San Jose
Santa Clara County is home to technology companies, manufacturers, professional firms, and the landlords and vendors that do business with them. We represent businesses, owners, and investors in disputes, in court and in arbitration. Our California business disputes page describes the practice statewide.
Breach of contract
We handle claims over unpaid invoices, software and services agreements, supply and distribution contracts, and disputed terminations. See our breach of contract page.
Partnership, shareholder, and LLC member disputes
These are fights between co-owners over control, distributions, access to records, and buyouts. See our pages on partnership disputes and shareholder and LLC member disputes.
Business fraud
We bring and defend claims of misrepresentation and concealment in commercial deals and investments. See our business fraud page.
Trade secrets
These cases involve customer lists, source code, pricing, or designs taken to a competitor, and accusations that a company took them. See our trade secret page.
Commercial lease disputes
Commercial landlords and tenants dispute rent, operating charges, defaults, and early termination. See our commercial lease guide.
Unfair competition
California's Unfair Competition Law reaches unlawful, unfair, or fraudulent business acts and practices. (Bus. & Prof. Code, § 17200.) See our guide to section 17200 claims.
Frequently asked questions
Does Kolmogorov Law have an office in San Jose?
No. Our only office is in Irvine. We take business litigation matters in the Santa Clara County Superior Court and handle them from Irvine. Electronic filing, remote appearances, and remote depositions are each authorized by a statute or a court rule. A judge can still order an attorney to attend a hearing in the courtroom. When that happens, and for trial, we travel to San Jose.
Which court hears a commercial litigation case in San Jose?
Usually the Superior Court of California, County of Santa Clara. Its local rules require general civil cases, limited and unlimited, to be filed at the Downtown Superior Court, 191 North First Street. A case that qualifies for federal jurisdiction may instead be heard in the Northern District of California, whose San Jose Division has its clerk's office at 280 South First Street.
Is every Silicon Valley business dispute heard in San Jose?
No. Silicon Valley is a region, and court boundaries follow county lines. State court venue depends on the defendant's residence or principal place of business and on the contract. In federal court, a case that arises in San Mateo or Alameda County is generally assigned to the San Francisco or Oakland Division. Our San Francisco page covers the courts to the north.
I searched for a San Jose corporate lawyer. Is that what you do?
Only when the problem is a dispute. We litigate and arbitrate conflicts inside and between companies: shareholder and LLC member disputes, breach of fiduciary duty claims, contract cases, and fraud. We do not form companies, handle financings, or act as deal counsel on the sale of a business. If you need a claim brought or defended in the Santa Clara County Superior Court, that is the work we do.
Do you handle partnership and co-founder disputes in San Jose?
Yes. We represent partners, shareholders, and LLC members in disputes over control, distributions, records, and buyouts. A Santa Clara County case of this kind starts at the Downtown Superior Court and goes to a case management judge, like other general civil cases. If the agreement has an arbitration clause, the dispute may belong in arbitration instead. Our partnership dispute page explains the claims and remedies.
Talk to a business litigation attorney about a San Jose dispute
Call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. Have the contract, the key correspondence, and any court papers at hand.
Other courts we cover: Los Angeles, Orange County, San Francisco, and San Diego.
This page is general information about California law and local court rules, which change often. It is not legal advice, and reading it does not create an attorney-client relationship.