Legal Question in Civil Litigation in California

I flew to PA to drive for a small truck fleet owner. I paid weekly into an "escrow" account to accumulate $2,500 for deductible expenses should an accident claim arise. When I left, I had paid in $1201. The fleet owner owed me another $882 for services performed. There were no accident claims, but the fleet owner sent me a bill for $417 ($2500 minus $1201) because I had not driven for him for a year. That was NOT my understanding. I feel he owes me $2083 ($1201 plus $883). Can I sue him in CA since the original verbal contract was in CA? Do I have a case?


Asked on 7/07/11, 2:27 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

The general rule in California is that you must sue the defendant: (a) where the defendant resides (in this case PA); (b) where the contract was to be performed (also PA); or (c) where the real property in disute is located (in this case not applicable since the action does not relate to California real property). You could always sue him in Small Claims Court in California and make your argument that the contract was made in California. Since you are only claiming $2,083.00 the only down-side to such a lawsuit would be that you would have lost your relatively small filing fee and the fee you paid to a process server to serve the owner in PA. Your other option would be to find a lawyer in PA to sue the owner in a PA court.

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Answered on 7/07/11, 3:04 pm


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