Understanding Jurisdiction

[itsbob826]

I have a small claims case I would like to pursue. I live in California, he lives in Washington, and the "contract" was made over the internet. Where the heck to do I file this? Thanks folks!

 

[adjusterjack]

Generally you would have to sue him where he is located.

However, provide more details about the deal and we'll see if anything changes.

 

[quincy]

I have a small claims case I would like to pursue. I live in California, he lives in Washington, and the "contract" was made over the internet. Where the heck to do I file this? Thanks folks!

Washington, for a small claims action.

 

[Litigator22]

On the dim chance that it would be of interest to you . . . .

The only means whereby a California court would have jurisdiction over the non resident sufficient to warrant a personal judgment that would be entitled to "full faith and credit" by a sister state is if:

1. The defendant were to be served with process within the state of California; or

2. The defendant submitted himself to the court' jurisdiction either by consenting thereto or asking specific relief from the court; or

3. The contract in question represents not an isolated or one-time transaction, but is characteristic of the defendant engaging in similar business activities within the state of such a continuous nature as to warrant the assumption that he has "purposefully availed himself of the benefits and protections of the state's laws". (See: California's "Long Arm Statute" Code of Civil Procedure Section 410.10 and Bridgestone Corp. v. Superior Court (2002) 99 Cal.App.4th 767.

 

[quincy]

A California court could have personal jurisdiction over the out-of-state defendant if the defendant is a property owner in California, as well.

That said, the cost of a small claims action can escalate quickly if the out-of-state defendant challenges jurisdiction (which seems likely).

It is less complicated (and in the long run probably cheaper) to start off the suit in a Washington court that has without question both subject matter jurisdiction and personal jurisdiction over the defendant.

 

[Litigator22]

A California court could have personal jurisdiction over the our-of-state defendant if the defendant is a property owner in California, as well.

Question:

Assuming that the Washington resident does own property in California - but that the subject matter of the contract does not pertain to the ownership, use or possession of that property - is it your belief that a California court could exercise effective jurisdiction over the person of the Washington resident and adjudicate the merits of the OP's claim solely because of that property ownership?

 

[quincy]

Did I say that?