Legal Question in Civil Litigation in California
I want to submit an affidavit or declaration from my secretary in Hong Kong about a booking she made with an airline for my L.A. Small Claims case against an airline. Can I just have her write it and sign it and send it to the court to supplement the file with (and have the judge consider it at the hearing?) Or does it need some special form of attestation before I can do so?
1 Answer from Attorneys
She needs to sign under penalty of perjury; while not necessary ilt would not lhurt to have two wilntesses to her silgnature. I DECLARE UNDER PENALTY OF PERJURY AND THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE IS TRUE AND CORRECT AS TO MY OWN KNOWLEDGE AND OR BELIEF, AND THAT IF CALLED TO TESTIFY AS A WITNESS I WOULD AND COULD SO STATE..
The airlines will argue the contract was made outside the USA and the breach also occurring there so than American court has no jusidiction over them. So you must show she was your agent so the contract is where you silned it, the airline ran ads in California which caused you to purchaser the tlckets from them, they do business in California and since they use California law to help them, they can not reject its application because it is harmful to them.