Can CA business sue out of state business that distributes internationall?

[hastings1066]

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

I am a graphic designer in California who was hired to design artwork for a film distributor located in Arkansas (they purchase and distribute films internationally). They have cut off contact with me leaving several invoices unpaid after approving and taking possession of the artwork. Can I sue the company (and possibly the individuals that specifically contracted my work) in my local small claims court and have them served in Arkansas?

 

[STEPHAN]

How much is it?

 

[FlyingRon]

That they deal internationally is really immaterial. Note that if you ask the court to serve, they will send the papers by mail with return receipt and that's subject to failure. If that doesn't work you're going to really have to try personal service, which for all intents and purposes means you will have to pay a process server.

If this is a corporation, you'll have to find out who their registered agent is to do service to. You likely can talk to the whatever Arkansas entity handles corporate registrations to figure out who that is (presuming they're incorporated in that state).

Of course, absent any real presence in California, collecting on a California small claims judgement is probably pretty futile.

 

[justalayman]

Unless I'm mistaken, regarding California small claims court;

The defendant must be served within the state of California. If I'm correct it would preclude you from fulfilling your plan.

 

[FlyingRon]

Unless I'm mistaken, regarding California small claims court;

The defendant must be served within the state of California. If I'm correct it would preclude you from fulfilling your plan.

I don't think that is the case. Nothing in the CCP either for small claims nor for civil actions in general mandates "in state" service. The use of the sheriff under the code is not an option but that's not the way small claims are served by default (it's mailed return receipt).

The bigger issue is that small claims only has the jurisdiction over $5000 claims or less. You can file where the plaintiff resides. Note (and this is echoed on the California courts claim) again, that the court will NOT collect the judgement for you. Further, you'll have to domesticate the resulting judgement in Arkansas (fortunately Arkansas does subscribe to the uniform enforcement act) which means their courts are available for you to attempt to pursue further actions, but you still have to get an order there and then pursue it yourself. The result is that it's probably better if you are going to sue them to sue them in their state. That is, again, unless there is some California asset you can get your hands on.