Legal Question in Business Law in California
How can I dismiss on my own?
This is a small claims issue for an item that was sold online, shipped from California, where I do business. I am being sued in small claims in Florida where the item was shipped to.
How can I Move to dismiss the complaint on the ground of lack of jurisdicition by way of a motion to dismiss? Does it have to be on legal forms or can I type up something on my own? If it has to be on legal forms, which ones, and do they have to be Florida since that--name removed--where I've been summoned to?
I don--name removed--have much time to get this all accomplished, and being small claims don--name removed--want to put much money into prooving I'm right. This person already filed with paypal, but paypal sided with me after investigation saying I represented my item correct.
Thank you so much for your help.
1 Answer from Attorneys
Re: How can I dismiss on my own?
There are two possible grounds for lack of jurisdiction. The first is that the Florida courts in general do not have jurisdiction over you personally because your contacts with Florida are minimal, below the threshold recognized by Federal law for a state to exercise jurisdiction. Look up "International Shoe" and "jurisdiction" as search terms on Google for further discussion.
The second possible basis for lack of jurisdiction would be Florida law, which may limit the reach of its small-claims courts to residents or persons who can be and are served within Florida. With some exceptions, California small-claims courts require that the defendant be served in California. This would be a question of Florida law, and you can either re-ask on LawGuru or perhaps you can find Florida small claims rules on line.
In any case, it is up to the plaintiff, at least in theory, to plead and prove the jurisdiction of the court. If the plaintiff discusses jurisdiction anywhere in the complaint, check to see if it is factual. The judge has some responsibility to make sure all the necessary elements of jurisdiction are present, but many are careless in this regard.
A judgment obtained without proper jurisdiction is void.
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