Question
Jack Kartman owned a bike shop in the City of Santa Monica. Santa Monica is located within the County of Los Angeles. Kartman was having
Jack Kartman owned a bike shop in the City of Santa Monica. Santa Monica is located within the County of Los Angeles. Kartman was having trouble with the plumbing in his shop. He called Burt Simpson, a professional plumber who worked exclusively in the County of Los Angeles. Simpson offered to install a new sink in the bathroom in Kartman's showroom, to inspect the plumbing in the entire building and to fix any problems he found. Simpson sent Kartman an invoice that had all of the terms of their agreement. It also contained an arbitration clause that provided that in the event of a dispute, the parties would submit the matter to arbitration in the County of Los Angeles, California. Kartman received the invoice and sent Simpson back an email in which he stated, "I agree to all of your terms, except that any dispute must be decided in a California Superior Court located in the City of Santa Monica. Simpson refused to proceed with the work. Kartman became suing mad and filed a lawsuit against Simpson for breach of contract.
A. What law would apply to this lawsuit, and
B. What would Simpson's best argument be in defending against the lawsuit?
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