Legal Question in Consumer Law in California

car rental

I made reservation for a car on internet on my home computer in San Jose, CA. and I received confirmation via E-mail. Car pickup and drop-off schould happen in Miami, Fl. On my arrival company ''Pay less car rental'' did not have car for me. Can I file my case in San Jose, CA Smal Claim Court or do I have to go to Miami. In case of internet reservation; where contract was established?

in my home, in company's main office or in field office in Miami

Regards,


Asked on 10/19/04, 12:57 am

1 Answer from Attorneys
FAHED SAYEGH SAYEGH & ASSOCIATES

Re: car rental

It appears that the contract was established in San Jose. Thus, you can file it in state or federal court in the jurisdiction which includes San Jose. But, please note that you may come across a fight. For instance, the contract may have a jurisdiction provision. Or, the opposing side may claim that no contract was formed; rather, the internet reservation may be construed an offer. Or, if you file the action in state court in San Jose, the opposing side may remove it to federal court based on complete diversity (if such is the case).

Irrespective of the foregoing, what are your damages? Your flight to Miami? Did they at least try to sell you another car? Did you agree to a particular car? We obviously need further facts.

If you have any comments or questions, please do not hesitate to contact us.

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Answered on 10/19/04, 9:45 am


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