Legal Question in Civil Litigation in California
I'm in california and I plan to sue in small claims court a business in delaware over a broken contract. My question is what are my options to serve the business? Do I need to hire a formal server/service in Deleware to serve the business, or can I use certified mail to send the papers? Are there other alternatives to these? Thank you
3 Answers from Attorneys
You cannot sue a business in another state in Small Claims Court.
You cannot sue a business in another state in any California court unless you have a basis for jurisdiction and venue being in California.
I agree with Mr. Selik. California's long arm statute does not extend to small claims actions, and is very limited.
Service of process of a small claims claim and order must be made within the boundaries of the State of California. There are two exceptions. A nonresident defendant who owns real property in California may be served outside California, if the claim relates to the property. A nonresident defendant who owned a motor vehicle that was involved in an accident involved in an accident on a California highway, if service is made on the defendant and the DMV.
You may want to speak to an attorney about filing a limited civil action, and then determining whether Mr. McCormick's analysis applies, such as personal jurisdiction and venue.