Legal Question in Civil Litigation in California

California Small Calims Court

Can I sue in small claims court in California, rather than Oregon, against a car/trailer dealership in Oregon that uses the internet for it's sales? The payment was made at a bank in California.


Asked on 4/27/08, 2:58 pm

1 Answer from Attorneys

Gordon Fauth Fauth Law Offices

Re: California Small Calims Court

Maybe. But be wary of any contracts you executed and will show the court that say claims must be filed in Oregon, etc. If you bring the case in California, in your papers, you should emphasize that the defendant contacted you in California--i.e., used web site and Internet to market its sevices to you in California, conversed with you via telephone in California (if did), you entered into an agreement in California and made payment in California (if did). You may be able to avoid showing the court any evidence against California jurisdiction, and can wait for them to raise that, if they appear. Depending on what happened, you probably want a claim for violation of Business and Professions Code 17200 et seq.--very broad and reaches to most unlawful, unfair, or deceptive business practices.

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Answered on 4/27/08, 4:41 pm


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