Legal Question in Construction Law in California

Small Claims Court

Is there a statute of limitations in small claims court? Where is the proper location to file a small claims action?

When a purchase order is given by the defendent, must the claim be filed in the county where the defendent's office is located or in the county where the plantiff's office is located (plantiff being the one who did the work)?


Asked on 1/17/05, 12:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Small Claims Court

California's statutes of limitation would apply to cases in Small Claims as well as Superior Court, and for that matter they would apply generally to cases brought in Federal District Court in California.

Note that for some construction cases involving hidden defects, the SOL can be quite long (10 yrs.).

Your Zip Code suggests Livermore. If the facts of the case would suggest venue in eastern Alameda County (Livermore, Pleasanton, Sunol and the unincorporated areas), you can file and have the case heard at the Gale/Schenone Hall of Justice, 5672 Stoneridge Drive, Pleasanton; (925) 551-6886.

I would invest in a self-help law book (Nolo Press or the like) on small-claims procedures.

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Answered on 1/17/05, 2:17 pm


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