You can sue wherever the harm occurred, or wherever the Defendant can be found. So, if you live in Nevada, the defendant lives in Oregon, and the harm occurred in New Mexico, you can't sue in California. But if the Defendant resides in California, and you file the lawsuit in county of their residence, that's perfectly fine.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
you cannot sue in small claims court in California. All parties must live in California to use that court
Yes. However, you will have to come to California for the small claims court trial. For more information, see http://www.courts.ca.gov/1007.htm
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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