Legal Question in Business Law in California
Small Claims Jurisdiction
Hello. I am suing A Nevada based Company and I live in California. I paid the money for the training program over the phone by submitting my debit card #, but I downloaded the enrollment form from the website. I did this from my home in San Diego and faxed it, signed, to their Las Vegas office. When I file the claim, will I be able to file it here in San Diego, or does it need to be handle in a Nevada court.
2 Answers from Attorneys
Re: Small Claims Jurisdiction
Unless they are doing business in California or marketing in California, what you describe is not enough for jurisdiction in California.
I have offices in San Diego and Las Vegas, if I may be of assisance.
JOEL SELIK
Attorney at Law
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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
Re: Small Claims Jurisdiction
Yes, you can file in California. California law allows you to sue a defendant in the county where the contract was to be performed, which is the county in which you were to be trained. If you were to receive training by internet, it would be in your home county. Make sure that when you describe the action in the Small Claims document, you indicate it is a breach of contract claim and the contract was to be performed in county A.
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