Legal Question in Technology Law in California
can a person from ca file a small claim in ca from a person in utah ?
Asked on 9/03/09, 2:26 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
It depends whether the Utah person had minimum contacts with CA, or the transaction was CA-related.
Answered on 9/03/09, 6:50 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Mr. Cohen is right, and there is an additional hurdle: obtaining service of process. The defendant must be served in California, which may be impossible if the person never comes here, or visits without tipping you off. There are two exceptions (see Code of Civil Procedure section 116.340(e), (f) and (g)): if the claim relates to California real estate owned by the person, or if the case involves a motor vehicle accident that occurred in California. In either of these two situations, the defendant can be served in Utah, or wherever he can be found.
Answered on 9/05/09, 8:16 pm