Legal Question in Landlord & Tenant Law in California

small claims venue

My spouse and I are defendents in a small claims case over a deposit refund dispute at the termination of a residential lease. The leased property is in Mammoth Lakes and the plaintiff resides in Mammoth Lakes as well. We reside in Palos Verdes (LA County). Our former tenant filed the case in Mammoth Lakes. We want to defend ourselves but it is difficult to make the hearing in Mammoth Lakes. Should the case have been filed where we reside - in Los Angeles County? If a Mammoth Lakes court is a proper venue, can only one of us appear even though both names are on the case?


Asked on 11/04/07, 1:22 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: small claims venue

I agree with Mr. Cohen.

It is very rare in a Small Claims action involving landlord tenant problems that the venue is changed from the county where the residence is/was located.

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Answered on 11/04/07, 4:09 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: small claims venue

You could file a motion claiming that the venue is not proper, but it appears that it is! The lease was entered into in Mammoth Lakes, and likely involves deductions because of repairs to your property that you needed to make after the tenancy ended.

Yes, one of you can appear in court if that one person has the most knowledge about the deposit and the deductions from it. Of course, bring receipts, photographs, and witnesses to the repairs and condition of the unit.

You might review Code of Civil Procedure section 116.540 to see if any of it applies or can apply to you.

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Answered on 11/04/07, 3:58 am


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