Legal Question in Civil Litigation in California

Small Claims filing criteria

Dear Lawguru,

I recently traded a outboard motor with a gentleman from Turlock CA. The actual exchange took place in Sacramento and I live in Bend, OR. Where can I file a small claim against the party? I have ample documentation via e-mail of the purported condition of his outboard motor and subsequently the information about my motor. I have a personal witness to the transaction and exchange of the additional cash amount involved as well as a mechanics report on the actual condition of the motor. As it turns out the motor he sold me is not as was claimed and upon requesting the easy solution that we just trade back he has refused to do so. In addition he now claims that he has no money to even pay back the cash portion of our agreement. My only remedy is to have this motor rebuilt for the sum of $1500.00 which is ludicrous for me to do at my own expense.

Any help you could provide would be greatly apreciated as i am unclear on even where to start in this process.

Thank you in advance for your assistance.


Asked on 5/10/99, 2:29 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Small Claims filing criteria

In a contract case the suit must be filed either where the contract was to be performed or where the defendant lives.

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Answered on 5/17/99, 5:44 pm
John Hayes The John Hayes Law Offices

Re: Small Claims filing criteria

Since the contract was carried out in California you

need to file the Small Claims action in the County

and State where the man lives. You would have to travel

down to the court and actually appear on the matter,

but the actual filing and serving of the action can

be done by mail.

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Answered on 5/17/99, 9:57 pm


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