Legal Question in Civil Litigation in California
place of venue in regards to small claims court
I answered an ad online to work out of my home as a ''mystery shopper'' where I would do secret evaluations on a certain banks employees via the phone. I performed the job as expected and was supposed to have received $80. I have yet to receive it and all I get from the woman heading up the business is it was sent out. Well, more than enough time has elapsed for the check to arrive and she offers no replacement. I spoke to another woman (a ''scheduler'') I had been in contact with (through the phone) and she says that the bank never paid the primary lady nor had she been paid either. Personally I don't care and I want to sue her in small claims court. I do have every email that was ever sent between me and this woman as proof for my case. The problem is she lives (and works in her home) in Monterey and I live in the San Fernando valley. I've heard that the place of venue would have to be near her. It seems very unfair that I would have to put out alot of money (hotel and plane) for a judgement she might never pay. Can I do anything to change venue?
2 Answers from Attorneys
Re: place of venue in regards to small claims court
Name the bank as an additional defendant.
Re: place of venue in regards to small claims court
In addition to what Mr. Stone suggests, I think the venue should be near your home -- San Fernando or Van Nuys -- because your agreement was entered into where you live, and that's where the duties pursuant to the agreement were performed. Good luck. The only problem is the cost of a small claims lawsuit takes a bite out of whatever you might eventually recover, if at all.
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