I live out of state in Washington and was harassed because I am gay while visiting California in 2017,
the harrasement continued even when I left CA and returned home, can I sue under the Bane Act, sec. 52.1 in California in the federal court under diversity for a state claim even though I do not live there?
California law applies if you were harassed while you were in California. However, for a variety of procedural reasons, it is best to avoid federal court. I would file the lawsuit in the California superior court in the county where the harassment occurred, or the county where defendant resides (which ever county is more plaintiff-friendly). If you file in federal district court in Washington, there is a good chance the defendant will move to change venue to California, and you will still be in federal court, which is usually disadvantageous for plaintiffs.
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