Legal Question in Civil Litigation in California
I had a small claims action against a local corporation with the statute of limitations about to expire. I submitted (properly) the small claims complaint and other required papers to the court via fax according to its rules on the last day before the clock ran out.
The court refused to file the complaint on the basis that I did not provide the agent for service for the corporation. However, the address I used was the legal address provided by the corporation in its contract under "Resolution of legal disputes." This is the true and correct and current address of the company. I did not have any other address including any agent for service.
Oh and also, nobody from the court contacted me about this alleged discrepancy...they just sent me a notice that they were refusing to file the complaint.
My question is 2 part....first, was the court acting properly by refusing to file this complaint on this basis and 2) if not, what are my recourses??? The clock has run out on the statute and there are significant damages involved.
Thank you!
2 Answers from Attorneys
First problem: while the contract may have designated an address for resolution of legal disputes, you are required as a matter of law to serve the corporation's designated agent for service of process. Second, court clerks cannot give you legal advice but they must reject any improper documents. So, third, you need to consult with an attorney about this matter. Small Claims court has its limitations and your experiences point out what those limits are. Another thing, while FAX filing seems like a convenience, in my experience as an attorney, actually taking something to the courthouse can be very, very informative.
Unless you can prove a tolling in the statute of limitations you probably are out of luck...
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