Small Claims action

[Raider]

Then again, is your friend asking a hypothetical question?

Hi Dave!......No, its not hypothetical. And from what the user agreement reads, it appears he needs to file in that state which is actually New Jersey.

 

[jberryhill]

Ari Goldberger is located in New Jersey. Of course if the PPC provider is Smartnames, he will be representing them.

 

[JuniperPark]

I watched her show exactly one time in my life. True story, I was staying in a hotel room the night before the bar exam and that show came on.

It was a dispute over car ownership and she was absolutely wrong on the law of the case.

The only small claims rules I'm familiar with are those of the State of Delaware. If you intend to be represented by an attorney, you have to provide notice to the other side prior to the hearing.

Blasphemy! Judge Judy rules!!

Actually it's fun watching the bizzaar twists of logic by the people who appear. Last week, for example, a guy was being sued because he rented a house, turned the master bedroom into an indoor pot farm, and it caught fire while he was at work from the hot lights used to simulate sunlight. He was trying to say it wasn't his fault and shouldn't have to pay for repairs. Then there are always the loser boyfriends with hot girlfriends who bail them out of jail, then come to court saying 'I never said I would pay her back' for the bail money. There there are the ultra low lifes who get into disputes over the proceeds of welfare fraud, and are dumb enough to take it to court. Hilarious stuff!

Anyway --- no lawyers allowed in Small Claims courts around here:

"Small claims court is a special court where disputes are resolved quickly and inexpensively.
In small claims court the rules are simplified and the hearing is informal.
The person who files the claim is called the plaintiff.
The person who the claim is filed against is called the defendant.
While you may ask a lawyer for advice before you go to small claims court,
a lawyer cannot represent you in court. "

http://www.sdcourt.ca.gov/portal/page?_pageid=53,129921&_dad=portal&_schema=PORTAL

 

[Theo]

JP, you've been watching Judge Judy? I've lost all respect now

 

[Brett Lewis]

Hi Eva,

Choice of venue provisions in contracts may control where a suit must be filed, if they are properly worded, but not always even then. Some courts will not enforce an inequitable choice of venue clause.

Aside from that, the answer to your question depends on California's long-arm statutes. I am not admitted in California, so I do not know for certain, but most states allow for state courts to exercise jurisdiction over a party who committed a harmful act outside of the state that harmed a state resident.

Enforcing the judgment is another matter, but my sense is that the small claims court clerks would be helpful in providing assistance as to how to go about it.

 

[JuniperPark]

Enforcing the judgment is another matter, but my sense is that the small claims court clerks would be helpful in providing assistance as to how to go about it.

If you're not Hispanic, the court clerks in San Diego and Los Angeles will generally be unwilling to help you, and most speak only Spanish. I've even asked simple questions like where I can find certain court forms, and have been told "hire a lawyer", even while they're giving detailed legal advice (right next to me, in Spanish). When I asked others (including my lawyer) about this, I was told this is common and accepted as 'politically correct'.

 

[Brett Lewis]

Ouch. So much for clerks. Es mas importante aprender espanol!!!

 

[Raider]

the court clerks in San Diego and Los Angeles will generally be unwilling to help you, and most speak only Spanish.

Correct, the court clerks are unwilling advise, because they dont want to be held liable, if they give out the wrong info or its interpreted the wrong way, it can come back on them...The courts I've been to in CA, which are Riverside, OC and LA, all offer Free legal assistance on certain days of the week, I think this is the route I'm going to take to answer the question...will report back when I have one.k: