Legal Question in Consumer Law in California

Civil case

I live in Southern California and purchased a Vespa scooter from a person I met over the internet (Ebay). The purchase was outside Ebay, the seller lives in Arkansas. There was a problem, I filed a Small Claim suit in Arkansas. The defendant had a friend/attorney file a response, which escalated it to a Civil Court in that state. Now the expenses will be large for me, with travel, hotel, etc. The amount owed is $2000.00. If I dismiss this case in Arkansas, can I file a Civil suit here in California?? If I do it myself, per pro, is that a problem?? Where can I get advice on doing this myself and what to expect. Being an internet purchase, is it true the venue should be where the plaintiff and the product resides??


Asked on 5/22/07, 6:10 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Civil case

You are probably stuck in Arkansas now. Did you read the Arkansas civil procedure rules or consult with an attorney there before you filed? If not, you should do so immediately. You need to figure out what your rights are there.

As for filing in California, the defendant probably is not subject to personal jurisdiction in California.

Read more
Answered on 5/22/07, 6:17 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Civil case

I respectfully disagree with Mr. Stein. Depending on the facts of the transaction, personal jurisdiction may be proper here in California.

The seller entered into a transaction with a California consumer and (presumably) agreed to deliver the scooter to you in California. If he failed to deliver the product as promised, the contract (your transaction was a contract) was breached here and you can probably sue him here.

HOWEVER, dismissing the case in Arkansas probably makes the defendant the prevailing party and you may be required to pay certain costs he incurred in Arkansas.

I don't know of any procedural rule that makes you "stuck" in one state when you could have properly sued in another state, but one might exist.

Next time, check with a lawyer before you enter into a transaction like this one.

Read more
Answered on 5/22/07, 7:57 pm


Related Questions & Answers

More Consumer Law questions and answers in California