Internet transaction jurisdiction
We are a licensed Florida Corporation and operate via the internet from our home in California. Long story short, guest rented a vacation home in Florida, home sold, guest was placed in equal value home same area. We have signed rental agreement with terms, which include possible moves if home becomes unavailable. Guest lives in NC and is planning to file small claims suit. Can guest file in NC or does it have to be Florida or California?
Re: Internet transaction jurisdiction
It depends on where jurisdiction lies. Usually, it has to be in the state where your company is incorporated or where the injury (if any) occurred. If the guest is alleging breach of contract, it depends where the contract was executed. It makes sense, though, to have it heard in FL since that’s where the property and corporation exist.
Robert F. Cohen
Law Office of Robert F. Cohen
P.O. Box 15896
San Francisco, CA 94115-0896
Re: Internet transaction jurisdiction
Theoretically they could sue in California in small claims court, if they sued you personally. California has jurisdiction over you because you reside here.
If you were a non-resident of California, you could not be sued in California’s small claims courts. In California, small claims courts do not have personal jurisdiction over non-resident defendants. “Service shall be made within this state, except as provided in subdivisions (e) and (f).” (Code of Civ. Proc. sec. 116.340 subd. (d).)
Subdivisions e and f, govern owners of real property in California who reside in another state, or owners of motor vehicles involved in an accident in this state. Neither of these exceptions apply.
It seems doubtful that you would be sued here in California in small claims court, if the Plaintiff resides in North Carolina. The plaintiff could not have an attorney, so it would be expensive to travel out here to sue you personally.
It would seem at this point that the issue is whether or not they could sue you in Small Claims Court in North Carolina. That issue cannot be resolved by a California lawyer. I would recommend you repost your inquiry to North Carolina, and determine whether or not North Carolina’s small claims courts have personal jurisdiction over you.
Anthony Roach
Law Office of Anthony A. Roach
18563 Clark Street #107
Tarzana, CA 91356-3439