Legal Question in International Law in California

Re: Can non-citizen/resident be taken to US small claims court?

Yes you can take a non-citizen to small claim court but you might have two problems. The first steps is the Service of Process. You need to serve the person you are suing with a copy of the summons and complaint (your demand for damages) either personally or by mail at his last known address. You may have a problem to serve him if he is out of state. Difficult but not impossible and possibly easier than to collect on any judgment you may get against him.This is the second problem but you may take a shortcut: if you are still married get your husband to collect from his parents without a suit and if you are divorced joint your ex in the claim and collect from him. Good luck!

Re: Can non-citizen/resident be taken to US small claims court?

Because the accident happened in the United States, specifically California, there would be jurisdiction (specific only to the accidnet) over your brother in law if you filed a claim here. However service and enforcement would be major problems, service would have to commence by the terms of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, which both the U.S. and Isreal are signatories, in which you have to serve through a central authority or if their are other forms allowed by the State, try this site for more info http://travel.state.gov/israel_service.html

Also it needs to be in Hebrew and English to be proper.

Enforcement could be a problem, I don't know anything about enforcement of judgments in Isreal unfortuntely. However if your brother-in-law as any assets here in California you may be able to attach them.

Hope this is a good starting point for you. You should though see an attorney for a more detailed explenation.