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On February 10, 2007, the Honorable Patricia M. Lucas gave a talk in San Francisco, CA on the court system.  She serves on the Superior Court for Santa Clara County, CA.  She is the presiding judge of the family division.  Prior to taking office in 2003, Judge Lucas practiced civil litigation at Fenwick & West in Silicon Valley.  Her litigation experience included employment law cases.

Judge Lucas discussed the differences between federal and state systems in resolving employment law cases.  Under the California state system, there is the Department of Fair Employment and Housing (DFEH).  Under the federal system, there is a similar administrative agency in the Equal Employment Opportunity Commission (EEOC).

State courts are courts of general jurisdiction.  In federal court, there are two methods to get a case into federal jurisdiction:  (1) federal question of law, (2) diversity.  Federal question may be met when there is a federal employment law issue.  Diversity is met when the parties are from different states.  The concept came into play to protect people from being disadvantaged when they go into someone else’s home state for a law suit.

The plaintiff’s attorney who thinks ahead to keep a case in California state court, may add a defendant human in order to prevent complete diversity when a defendant corporation is not headquartered or incorporated in California.