Extra credit: How; and how feasible given limits on small claims amounts?
Last time I got extra credit was at an Ivy League college. Why do I want your extra credit?
It is possible to sue anyone anywhere in a state court in the U.S., so long as you have a pen, paper, and the filing fee... and, sometimes, a crayon can be substituted for the pen. The first question should be whether the court has jurisdiction. State courts of general jurisdiction generally have plenary subject matter jurisdiction, though, depending on the state, the small claims court may not. The federal court is probably not an option unless you can show federal question jurisdiction. The next issues are whether you can serve the defendant; assert adequate long arm jurisdiction; find proper venue; prove you case; and collect. Without more facts, I don't know the answer to your question. Investigating the facts will cost more than the small claims limit in most states.
But, Mr. Doland's response sounds close enough for me. .
Gee, no extra credit for me. ;-(
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel or on LegalZoom.
Extra credit? How offensive. Perhaps only "how un-funny".
You're asking working professionals for advice that normally costs money. We don't think it's a joke.
Small claims court will have no jurisdiction over foreign defendants, and even if you won, the foreign defendants have no assets in the US making your judgment worthless.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
Unless the foreign company has a presence in California, and has a registered agent for service of process, you can sue, but you'll never be able to serve the complaint, and if you get a judgment, you won't be able to enforce it.
Now, if the harm was caused by a policy of this company, and the policy affected enough people, you might want to consider filing a class action (if possible). Now, if you've signed an arbitration agreement, that won't be possible, but it is worth considering.
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.
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