Legal Question in Real Estate Law in California

where to file the claim--acorrding to where we rent the house or where the land

We moved out our rental house 30 days ago. The landlord holds our deposit without any reason. we are ready to get our money back. My question is where we can sue him or file our claim. The rental house is located in Foster city which belong to Central branch of San Mateo county surperior court. Landlord lives in Cupertino which belongs to southern branch of San Mateo county surperior court.

Thank you very much.


Asked on 1/09/03, 4:29 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: where to file the claim--acorrding to where we rent the house or where the

Your question relates to 'venue,' i.e., which branch of a court with jurisdiction is proper based on court rules designed for the parties' and witnesses' convenience.

You can sue in a small claims court--

(1) Where the defendant resides;

(2) Where the lease was signed;

(3) Where the leased property is located; or

(4) Where the defendant resided when the lease was signed.

Some other possibilities might exist, e.g. if the defendant is a corporation it can be sued in any district where it does significant business.

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Answered on 1/09/03, 5:03 pm

Re: where to file the claim--acorrding to where we rent the house or where the

Mr. Whipple's answer is correct.

Cupertino is in Santa Clara County, not San Mateo County. An action based on the landlord's residence should be filed at:

Palo Alto Facility

270 Grant Avenue

Palo Alto, CA 94306

(650) 462-3800

Public Service Hours:

8:30 a.m to 4:00 p.m. M-F

For more information, go to:

http://www.scselfservice.org/small/index.jsp

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Answered on 1/09/03, 6:00 pm


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