Legal Question in Business Law in California
Where do I file a small claims matter. Is the court venue where the claimant resides or where the defendants reside?
3 Answers from Attorneys
Defendants, or if it is based on a contract, you can file where the contract was made or where it was to be performed if there was a location for performance.
The county where one or more of the defendants reside is always appropriate. There can be other proper venues as well, such as where the contract was performed or where the negligent act occurred that led to the accident (depending on the type of case).
When the Defendants reside is appropriate, but may not be convenient for you. If there was a contract, then where the contract was entered into or performed are alternates. Consult with an attorney in your area or contact the small claims court adviser.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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