Legal Question in Civil Litigation in California

California Small Claims Court

Can I sue in small claims court in California, rather than Oregon, against a car/trailer dealership in Oregon that uses the internet for it's sales? The payment was made at a bank in California.

Asked on 4/27/08, 2:53 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
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Re: California Small Claims Court

It probably would be easier in Oregon, since if you receive a judgment, you wouldn't have to go through several steps and expense to collect. A CA court might find that since the defendant is in Oregon, that's where the suit should be filed.

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4/27/08, 3:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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Re: California Small Claims Court

Except in special types of cases, apparently not applicable here, you would have to serve the defendant in California. See Code of Civil Procedure section 116.340(e). It being most unlikely you'll ever have the opportunity to do that, I'd say it was impossible.

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4/27/08, 4:25 pm

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