Legal Question in Business Law in California

Re: venue determination for small claims court

If he is claiming that a contract was created over the telephone, then he could choose either venue where the persons on the phone sat, and you are probably stuck with it.

Re: venue determination for small claims court

Venue is proper in any judicial district where:

1. The defendant resides.

2. A corporate defendant does business.

3. An injury to person or property occurred (tort cases, not usually contract matters).

4. The defendant entered into the contract.

5. The contract was to be performed (with some exceptions) OR

6. Conditions 1 or 2 applied at the time the contract was formed (with some limitations).

The contract will be deemed made in the county where it was to be performed unless the contract expressly provides to the contrary.

Therefore, in your case, trial would most likely have to be in the judicial district where you reside or where the contract was to be performed.

Re: venue determination for small claims court

Venue is more proper where you are located. He could file where he lives. You could then challenge venue by a letter, and the Judge would determine proper venue. You would both be stuck with what the Judge decides.