Legal Question in Civil Litigation in California

I was a contractor for a company. I live in AZ and worked out of my home. The company operates in Los Angeles, CA. All the operations take place in CA. There are 2 owners. One lives in CA and one in AZ. They listed the Business Entity address as AZ even though operations are in CA. The company owes me $7,100 that they are not paying. I want to file in small claims court. Do I have to file in AZ? The AZ limit is $2,500 and CA limit is $7,500. I think they are purposely not paying because they know I won't file in AZ. There was a contract but I signed it in AZ.


Asked on 7/13/11, 10:33 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

California's exercise of personal jurisdiction in small claims matters is specifically delineated in a statute that governs service of small claims demands on nonresident defendants. (Nonresident meaning a nonresident of California.) That statute is Code of Civil Procedure section 116.340. http://law.onecle.com/california/civil-procedure/116.340.html

(That section is a departure from California's general long arm statute for non-small claims matters filed in limited or unlimited civil actions. )

Subdivision (e) of Code of Civil Procedure section 116.340 provides that service shall be made within this state, except as provided in subdivisions (f) and (g).

Sudvision (f) allows service of the claim outside of California if the claim relates to real property in California and the owner resides in another state. Subdivision (g) allows service of the claim outside of California on a nonresident defendant if they were the owner or operator of a motor vehicle involved in an accident in California.

Your situation does not involve either of these two scenarios, so the issue here is not where the contract was signed, or entered into, but where the defendants that you want to sue reside.

A lot of people that post on here are gung ho about going to small claims. Don't be. It is more important to file a viable claim with proper service, rather than be overly focused on suing in small claims just to avoid a party from having legal representation.

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Answered on 7/14/11, 8:23 am


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