Legal Question in Real Estate Law in California

I own a rental property and need to take my management company to small claims court. The property in question is in Riverside County, but the management company and I are both in San Bernardino County. Which court do I take this to?


Asked on 4/10/10, 6:08 am

2 Answers from Attorneys

You get to choose. Your cause of action presumably arises out of your contract with the company. A contract action can be brought in the county in which a defendant resides or has its principal place of business, or the county in which the contract was performed or was to be performed. If it arises in tort (negligence, battery, damage to real or personal property, etc.) essentially the same rules apply: the county where the defendant is or where the tort occurred. Depending on the tort, however, I suppose it might have occurred in their office, in which case San Bernardino would be the only option.

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Answered on 4/15/10, 8:31 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would add that these large counties have several branch courts - San Bernardino for example has branches in such diverse places as Victorville and Joshua Tree. Once you choose a county, look at its courts' Web site for further instructions on which branches have Small Claims divisions and in which they expect you to file. Call the Small Claims advisor if in doubt. Choice of a branch within a county is all based on local rules, not state law.

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Answered on 4/15/10, 8:43 am


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