Required filing of affidavit - sufficient?

[Lad]

What is the name of your state? CA
Suing for breack of K, fraud, etc. One cause of action under CA civil code 1770; which relates to:
1770. (a) The following unfair methods of competition and unfair or
deceptive acts or practices undertaken by any person in a
transaction intended to result or which results in the sale or lease
of goods or services to any consumer are unlawful: etc etc

Civil code 1780 provides for punitive damages and part of it states:
(c) An action under subdivision (a) or (b) (of 1780) may be commenced in the county in which the person against whom it is brought resides, has his or her principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county described in this section as a proper place for
the trial of the action. If a plaintiff fails to file the affidavit
required by this section, the court shall, upon its own motion or
upon motion of any party, dismiss the action without prejudice.

Is a notarized affidavit simply stating that the transactions took place at residebce and that he resdies in the county (mine is same as his county) sufficient?

 

[weenor]

Sufficient for what? The code section you have quoted only pertains to venue and notes the fact that if you do not file the affidavit your case will be dismissed. An affidavit is certainly NOT sufficient to prove up your case.

 

[Lad]

Venue

Whoops - Sufficient to satisify the part of the rule that states:

In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county described in this section as a proper place for
the trial of the action.

Sorry, my post was confusing. I am just interested in that small issue.

 

[weenor]

You must file your notarized affidavit stating the facts (where transaction or accident took place, etc. . .) with the complaint. This is quite common because the courts want to see if there are even a enough facts to proceed beyond the filing.