small claims in CA

[tanden]

Bought an item on eBay, called seller who assured me the item worked. When received, the item was missing 900 dollars worth of attachments. I tried to
work something out with the seller but he refused and cited the as-is statement.
I felt that the item was totally misrepresented and wanted some kind of
refund, I was willing to work with the seller, he refused.
I notified my credit card company and an investigation was initiated for a charge back.
Seller has since threatened to sue in small claims court for the possible charge back.
My question, can I counter sue for wages lost for frivolous suit, he is San Diego County and I am 800 miles away. What can I counter sue for to make this trip
less painful?
Thank you
Tanden

 

[divgradcurl]

My question, can I counter sue for wages lost for frivolous suit, he is San Diego County and I am 800 miles away. What can I counter sue for to make this trip

Have you been served with a notice of suit yet? If so, have you answered the notice?

If not, rather than trying to countersue for lost wages and travel expenses (which are generally not reimbursable anyway), in your first response to the court, simply ask for a change of venue to the small claims court located in your county. http://www.courtinfo.ca.gov/selfhelp/smallclaims/whatsuedchklist.htm