Legal Question in Business Law in California
We're a company incorporated in California. We're looking to sue a company in small claims court that is incorporated in Canada, but operates in California. Are there some key resources to look into? How would we go about doing this?
2 Answers from Attorneys
There are several good "how to" books in large paperback format discussing California small claims actions, e.g. the one published by Nolo Press. Be sure the one(s) you get and use are for California, not some other state. If the company is doing significant business in California, it is subject to jurisdiction in Calif. courts.
Many small claims courts in California have advisors who can answer questions like this free of charge. You can get information about small claims advisors on the website for your local small claims court. As to this particular question, a corporation that is set up somewhere else must still file with the Secretary of State of California to "qualify" to do business in California. There should be a listing for this company on the California Secretary of State's website under business listings. The listing will show the Agent for Service who is the person/entity you serve with the lawsuit. If the company is not qualified to do business in California, they can not come into court to defend a lawsuit and, generally, would lose by default.
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