Legal Question in Civil Litigation in California

Small claims court in part of the State court system so the same restiction would apply. In all likelihood you do have to sue in Monterey County. It is not worth the time and money to sue elsewhere, show up in court, and have the judge rule he has no jurisdiction.

�Since the venue statutes themselves declare the public policy of this state with respect to the proper court for an action, agreements fixing venue in some location other than that allowed by statute are a violation of that policy.� (Alexander v. Superior Court (6th Dist. 2003) 114 Cal.App.4th 723, 731.)

The issue is whether your county, San Joauin, has venue, not what the contract says. You obviously have a breach of contract action. Those actions are triable in the county where defendant resides, or where the contract was entered into or where it was to be performed if that was specified in writing. (Code of Civ. Proc., sect. 395 subd. (a).)

The County where the contract was entered into means where the acceptance occurred. (Wilson v. Scannavino (1958) 159 Cal.App.2d 369, 370-371.)

If you have a written contract, which states he will perform by delivering the play house to your residence in San Joaquin County, then you have a ground to file in your county.