multiple defendants, which venue?

[DelightfulDame]

What is the name of your state (only U.S. law)? Michigan

I'm filing a claim in small claims court against 2 dog breeders/kennels. These breeders collaborated to produce a litter of purebred puppies. I purchased a puppy from them and signed their Sale Contract. The contract guarantees the "puppy to be free from any debilitating, hereditary disorder for the first year of its life." My puppy was diagnosed with a debilitating, hereditary disease at 10 months of age. The breeders refuse to honor their warranty of "...full refund or exchanged for another puppy...".

Although there are 2 breeders they act as one kennel. Both kennel names are on the Sale Contract. All online advertising includes both kennel names. All correspondence with the breeders was sent to both. All decisions were made by both. They live about an hour's drive from each other - in separate counties in Michigan.

BUT, the Sale Contract separates the two kennels/owners where the Contract is actually signed, "This contract is entered into this [date] between: ___ Kennel A [or] ___ Kennel B." My Contract was with Kennel B. It was signed at Kennel B's address by Kennel B's owner in St. Clair County.

Seems straightforward, right? But also included in the contract is this statement: "By signing this contract the buyer agrees that should any litigation become necessary between the parties, the proper place of venue shall be Oakland County, Michigan...."

I've tried filing in Oakland County but the county clerk denied my affidavit saying it's not the correct venue. And that I cannot include both breeders/kennels on the same claim.

I'm open to suggestions on how to continue with my claim.

Much thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

I'm filing a claim in small claims court against 2 dog breeders/kennels. These breeders collaborated to produce a litter of purebred puppies. I purchased a puppy from them and signed their Sale Contract. The contract guarantees the "puppy to be free from any debilitating, hereditary disorder for the first year of its life." My puppy was diagnosed with a debilitating, hereditary disease at 10 months of age. The breeders refuse to honor their warranty of "...full refund or exchanged for another puppy...".

Although there are 2 breeders they act as one kennel. Both kennel names are on the Sale Contract. All online advertising includes both kennel names. All correspondence with the breeders was sent to both. All decisions were made by both. They live about an hour's drive from each other - in separate counties in Michigan.

BUT, the Sale Contract separates the two kennels/owners where the Contract is actually signed, "This contract is entered into this [date] between: ___ Kennel A [or] ___ Kennel B." My Contract was with Kennel B. It was signed at Kennel B's address by Kennel B's owner in St. Clair County.

Seems straightforward, right? But also included in the contract is this statement: "By signing this contract the buyer agrees that should any litigation become necessary between the parties, the proper place of venue shall be Oakland County, Michigan...."

I've tried filing in Oakland County but the county clerk denied my affidavit saying it's not the correct venue. And that I cannot include both breeders/kennels on the same claim.

I'm open to suggestions on how to continue with my claim.

Much thanks.

I would suggest that you speak to a supervisor at the clerk's office. You may also wish to explain to the clerk that, contractually, both parties have agreed to Oakland County being the venue. Alternatively, you can simply sue in the county that Kennel B is located in. Your lawsuit is against Kennel B, not Kennel A.

 

[latigo]

What is the name of your state (only U.S. law)? Michigan

I'm filing a claim in small claims court against 2 dog breeders/kennels. These breeders collaborated to produce a litter of purebred puppies. I purchased a puppy from them and signed their Sale Contract. The contract guarantees the "puppy to be free from any debilitating, hereditary disorder for the first year of its life." My puppy was diagnosed with a debilitating, hereditary disease at 10 months of age. The breeders refuse to honor their warranty of "...full refund or exchanged for another puppy...".

Although there are 2 breeders they act as one kennel. Both kennel names are on the Sale Contract. All online advertising includes both kennel names. All correspondence with the breeders was sent to both. All decisions were made by both. They live about an hour's drive from each other - in separate counties in Michigan.

BUT, the Sale Contract separates the two kennels/owners where the Contract is actually signed, "This contract is entered into this [date] between: ___ Kennel A [or] ___ Kennel B." My Contract was with Kennel B. It was signed at Kennel B's address by Kennel B's owner in St. Clair County.

Seems straightforward, right? But also included in the contract is this statement: "By signing this contract the buyer agrees that should any litigation become necessary between the parties, the proper place of venue shall be Oakland County, Michigan...."

I've tried filing in Oakland County but the county clerk denied my affidavit saying it's not the correct venue. And that I cannot include both breeders/kennels on the same claim.

I'm open to suggestions on how to continue with my claim.

Much thanks.

You don't have multiple defendants!

Read what you have just written. The contract form works for either Kennel A or Kennel B. "My contract was with Kennel B"? Now why do you think you need to sue both?

If the obnoxious, overly officious clerk in Oakland County won't permit you to file against Kennel B, then file in St. Clair County and let the defendant move for change of venue.

Just be certain that if you name Kennel B as the defendant, and not someone doing business as, that it is a legal entity. But I would have you name both the Kennel and the owner/breeder person you dealt with.

 

[DelightfulDame]

Thank you for your answers. I have the feeling that the owner of Kennel B will raise a fuss about the court location but I have a written letter from the Court Clerk at Oakland County stating that I have to file in St. Clair County.

I will list the defendant as "Breeder Name dba Kennel B".

 

[latigo]

Thank you for your answers. I have the feeling that the owner of Kennel B will raise a fuss about the court location but I have a written letter from the Court Clerk at Oakland County stating that I have to file in St. Clair County.

So be it if the purported "owner of Kennel B" makes a fuss. You file your complaint in the county where Kennel B maintains its principle place of business. That court can preside over the case just as well as any other Michigan court of the same level. If the defendant wants to stand on the letter of the contract and request that the case be moved to Oakland County, that it is choice. But venue is not jurisdictional. Not in this instance.

I will list the defendant as "Breeder Name dba Kennel B".

Then you may not be naming the "real party in interest". Which you must do.

It doesn't require much effort to learn if Kennel B is or is not a legal entity registered in your state. Chances are that it is a limited liability company. If so, the printed name should contain the words "limited liability company, or the abbreviation L. L. C., or L. C. , with or without periods or other punctuation".

If it is a domestic corporation, the printed name should include, "corporation, company, incorporated, or limited ", or the appropriate abbreviation. In either case you will need to effect service of process upon the defendant's designated registered agent. For further information call the Michigan Department of Licensing and Regulatory Affairs.

Just out of curiosity do you have your expert(s) on tap that can and will testify in support of you claim that the animal has been diagnosed as you claim? How about pups from the same litter? What research have you performed in that area of likely corroborating evidence? Getting your defendant in court is one thing. Coming out of court with what you went in there for is quite another. What looks good on paper doesn't always look the same once it has suffered the slings and arrows of a trial.

And remember. Your defendant doesn't have to prove a blessed thing.