Legal Question in Business Law in California

Re: Suing a NY company in CA small claims court

Your ability to get California small-claims jurisdiction over a New York corporation depends upon being able to serve the NY corporation here. There are exceptions, but apparently not applicable to your situation. Inability to serve the business in California is likely an obstacle to using California courts, unless the corporation has a registered agent for service of process here. Check with the Secretary of State's Web site.

As for collecting a judgment, similar considerations apply. If they have assets in California, you have leverage; otherwise, you probably would have to enforce your California judgment in New York, which may be financially impractical.

Re: Suing a NY company in CA small claims court

I am admitted to practice in NY and CA, so I can give you an objective answer. You probably can sue in either State, but you will save several procedural steps if you sue in NY.

A judgment in one State is good in any other State, but it must be registered as a "foreign" (out of State) judgment before it can be enforced there.

OTOH, they may be more likely to fight your suit if it is brought in NY.