small claims proper venue

[kelleyfurniture]

What is the name of your state? California
I filed a small claims case against a corporation. I am a business owner also. The business is incorporated in Indiana but also has a facility in California. I filed the court case in the county where I my business resides. They are located in another county. They have filed for change of venue saying they operate in Alameda County so that is the proper court. I have to appear before the judge and try to get him to keep the venue where my business is located. My justification for this is.
1) I met them at a trade show in Long beach after that they solicited my business, therefore The contract was signed in my place of business Laguna Hills. They drop shipped furniture for my business across the county so they operate not only in Indiana and Alameda county, California but all across the US. So how should I explain this to a judge? They reason I am bringing them to court is because they shipped incomplete items rendered unusable by my customers. For example a bunk bed with no ladder. Therefore you cannot use the top bed. Thank you very much,
Kelley What is the name of your state?

 

[racer72]

Based on your post the change in venue request is legitmate and proper. In 97% of all cases, the proper venue is the home county of the defendant. They can and will argue that the court in your county does not have jurisdiction.

 

[Zigner]

Based on your post the change in venue request is legitmate and proper. In 97% of all cases, the proper venue is the home county of the defendant. They can and will argue that the court in your county does not have jurisdiction.

You can also file in the county where the contract was entered...change of venue is no-where near a 97% certainty.

 

[dcatz]

Under the circumstances of your post, a change of venue is not as certain as suggested.

Factors that the Court will consider include where the contract was entered into, where the contract was to be performed (drop shipped to your place of business), where the evidence exists (at your place of business) and where witnesses reside (your unhappy customers are closest to you, not to them).

Finally, notwithstanding the office in Alameda, they are traveling and selling statewide and came to you, not vice versa. The weight of all factors is on your side. See Calif. Code of Civil Procedure sect. 395. You can find it here:
http://www.leginfo.ca.gov/calaw.html