We are a C-Corp located in MO. We buy and sell retail goods from retail stores at sale or sometimes very discounted rates. We resell these goods on Amazon.com. We have received a claim against us in a Superior Court in CA, filed by a manufacturer claiming false advertising because we are selling the goods as new, but we are not an authorized dealer and therefore the warranty on the goods is not valid. I have done some research and I see that they do have a legal argument there.
However, my question relates to where they can sue us. Can they sue us in CA even though we have no real presence there? We sell on Amazon.com and thus we do sell to CA residents and ship items there, but we don't have a physical presence in CA and we only have a physical presence in MO and are licensed and formed in MO. They are suing us in relation to a CA state law that is slightly more strict, in it's interpretation of the disclosure mandated to state that the goods we are selling don't come with the manufacturer's warranty. They are also suing us under a federal law, section 43(a) of the Lanham Act. Can they sue us in CA like that and or can we easily get this suit moved to MO or thrown out?
Also, they just e-mailed us a copy of the filing, don't they have to serve us properly?
We will probably end up settling with the corporation, but I'd like to know how much leverage I have with regards to the case.
I very much appreciate any advice given.
However, my question relates to where they can sue us. Can they sue us in CA even though we have no real presence there? We sell on Amazon.com and thus we do sell to CA residents and ship items there, but we don't have a physical presence in CA and we only have a physical presence in MO and are licensed and formed in MO. They are suing us in relation to a CA state law that is slightly more strict, in it's interpretation of the disclosure mandated to state that the goods we are selling don't come with the manufacturer's warranty. They are also suing us under a federal law, section 43(a) of the Lanham Act. Can they sue us in CA like that and or can we easily get this suit moved to MO or thrown out?
Also, they just e-mailed us a copy of the filing, don't they have to serve us properly?
We will probably end up settling with the corporation, but I'd like to know how much leverage I have with regards to the case.
I very much appreciate any advice given.