Legal Question in Consumer Law in California
Out of state businesses
In February 2000, I purchased a $2,120 guitar from Tonesmith, a company in Rogers, MN. When I received the product over a year later, the guitar was different from what I requested, in addition to having various flaws and defects. So I sent the guitar back and Tonesmith agreed to replace the first guitar. When I received the second guitar in July 2002, similar flaws and defects were present to which the product required professional repair. I sent the product back and requested a refund to which it was denied. Furtheremore, there never any agreement made between Tonesmith and I in regards to refunds. Since this transaction was made through email, from California to an out of business established in Rogers, MN, could I still take them to small claims court in California?
2 Answers from Attorneys
Re: Out of state businesses
Because the contract was arguably entered into in Calif. you might try small claims court.
Re: Out of state businesses
You can sue in small claims court, but be sure you use the proper method of service for an out of state defendant. Your best bet is to sue in the state where the defendant does business as it would be easier to collect the judgment.
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