Legal Question in Business Law in California

Small Claims Court: Change of Venue

Dear Sirs,

We are a company that sells products via infomercials, long TV commercials with a 1 800 number for people to call an order.

Recently one of our customers is suing us in Small claims court for consequential damages blaming our Instructional video tape (VHS tape) ruined his VCR.

He lives in West Covina, about 20 miles away from Los Angeles.

Our company is based in Los Angeles, can we submit a change of venue based on the fact that our company is located in Los angeles and therefore the contract of sale took place in Los Angeles and not in West Covina ?? since we answer the telephone calls and process the orders in Los Angeles ??

Thanking you in advance

Best Regards


Asked on 4/09/00, 6:55 pm

1 Answer from Attorneys
stan lieber law offices of stanley p. lieber

Re: Small Claims Court: Change of Venue

You can request a change of venue, but it would be easier to just defend on the merits. You probably would lose the motion anyway because the contract would be deemed to be entered into in West Covina (where the last act ocurred - the acceptance) The claim seems bogus. Even if you lose, you can appeal and have a new hearing. Good luck.

Stan Lieber

www.lieberlaw.com

818 888 1811

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Answered on 4/20/00, 9:36 pm


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