Legal Question in Real Estate Law in California

i live in phoenix, az and i purchased/won 20 acres in joseph city, az on a online auction from a person who lives in calif. the auction was for a total of 20 acres and deeded out as two seperate 10 acre plots. im having trouble getting the second one in my name as the county told me that the affidavit of property value was'nt in proper form and was a copy. i have tried numerous times to get a hold of these people who have sold me this land and they just keep ignoring me. if i were to take them to small claims court would i have to file for the case in california where their place of residence currently is? thank you, ann


Asked on 4/07/12, 9:24 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm pretty sure that would be necessary---but if the alternative you're considering is to sue them in Arizona, that would involve knowing and interpreting Arizona law. Therefore, you'd have to re-ask your LawGuru question to the Arizona panel of attorneys.

Another aspect of your proposed small-claims action is the limited subject-matter jurisdiction of the California small-claims courts. Generally, they are limited to hearing cases requesting money damages not exceeding $7,500. This might fit your scenario, but if you want a court that can order the sellers to take some action, such as delivering you a proper affidavit, small claims is not the court for you, at least in California.

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Answered on 4/07/12, 3:21 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Whipple. You want the property. The property is in Arizona. California courts do not have jurisdiction over property in Arizona. See an attorney in Arizona.

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Answered on 4/09/12, 4:46 pm


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