Legal Question in Business Law in California

Re: What state do I file a small claims lawsuit in?

I'm not sure why Mr. Walton and Mr. Telanoff disagree with me -- especially since both Mr. Telanoff and I conclude that the most likely answer is that you would have to sue in Florida.

As Mr. Walton correctly notes, unless your contract says otherwise, your suit could be (1) where the defendant lives, (2) where the contract was entered into, or (3) where the contract was to be performed. You have told us that the answer to #1 is Florida. I presume that the defendant was not expected to come to California to do the work; unless I am mistaken, the answer to #3 is also Florida.

That leaves only criterion #2. You said nothing about how or where the contract was formalized, but I presume you were in California and the defendant was in Florida. What matters is where the offer was accepted, not where it was made. If you offered to hire the defendant from California and he accepted in Florida, then this factor also says you will need to sue there instead of in California. If he is the one who made the offer and you are the one who accepted then this might be grounds to sue in California, but your question suggests that this is not what happened.

There may be additional facts which would make a lawsuit in California appropriate. Based on what little you have told us, though, that seems relatively unlikely. I thus stand by my original response: "Unless your contract says otherwise, it sounds like you would have to sue in Florida."

Re: What state do I file a small claims lawsuit in?

Unless your contract says otherwise, it sounds like you would have to sue in Florida.

Re: What state do I file a small claims lawsuit in?

I respectfully disagree with Mr. Hoffman. Unless the contract specifies otherwise, the appropriate venue in a breach of contract action may be either the place of defendant's residence, the place where the contract was signed, or the place where the contract was to be performed.

That said, under California procedural law, a small claims lawsuit may be heard in California only if the defendant is served with the claim and order in California.

Thus, a person that avoids coming to California can successfully avoid service of the small claims process.

Re: What state do I file a small claims lawsuit in?

I disagree with both of my colleagues.

Venue (where the suit is filed) is appropriate where the defendant is, where the contract was entered into, or where the contract was to be performed. You have grounds to have venue in California.

Jurisdiction governs whether or not a court has power over a party. Unless you can establish "minimum contacts" in California, the California courts have no jurisdiction over the Florida party. This is not a simple question to answer.

The bottom line is that you probably have to file in Florida, but that is not a 100% certainty.

I can refer you to a Florida collection agency, if you want.