Legal Question in Civil Litigation in California

Which court do I file my case?

I sold my lease of property to my friend in Santa Clara County, CA. Buyer lives in San Mateo County, CA. I will file my case agains him for not paying me rest of payments. Which supreme court do I file my case? San Mateo or Santa Clara.


Asked on 12/30/08, 4:06 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Which court do I file my case?

Please file it in the superior court. You may file it in the court that covers the county where the contract was made or from which the payments were to be made.

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Answered on 12/30/08, 5:06 am
Stephen Petix Quinton & Petix

Re: Which court do I file my case?

I agree with Mr. Cohen's answer, but would add that you can always sue someone in the courts of the county where he or she currently resides.

I also agree that the Superior Court and not the Supreme Court is the court in which to file suit, unless the amount of your claim is not more than $7,500. In that case, you could file in Small Claims Court.

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Answered on 12/30/08, 1:45 pm


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