QUESTION

How do I determin if my local court has jurisdiction over state lines?

Asked on Apr 19th, 2014 on Business Litigation - California
More details to this question:
I live in California and did business with a company in Washington. It was not over the internet, rather by referral. The defendant committed a tort in Washington that caused an injury to me in California. I paid the defendant to rebuild my car carburetor. We did business by US Mail. After it was rebuilt and sent back to me the carburetor did not function correctly. I returned the carburetor and the defendant rebuilt it again. Still the carburetor does not function correctly. Now the defendant will not try to repair the carburetor again and will not give me a refund. My research implies that the California court MAY gain personal jurisdiction over the defendant. Is that correct? How do I know if the court will in fact have jurisdiction? Do I motion my local court to allow the lawsuit before I serve the defendant? Or must I file the claim and serve the defendant first and then let the court decide if it has jurisdiction?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't see the tort, all I see is a breach of contract.  Nevertheless, I think it likely that the California court would have jurisdiction over the defendant, as he negotiated the contract over the phone (I assume) with someone he knew to be in California, discussed the problem with you in Californa, and more important, twice shipped the engine to California.  However, you won't know for sure until you file suit in California and the defendant, if he chooses, moves to dismiss the case for lack of jurisdiction. One caveat.  While I'm pretty confident that it would be constitutionally permissible for the California courts to exercise personal jurisdiction over the defendant, this case sounds like it may be litigated in small claims court.  Many small claims courts have limited jurisdiction, much less than is constitutionally allowed.  If you're going to file in small claims court, you should ask the clerk of the court if you can sue a resident of another state in that court.
Answered on Apr 21st, 2014 at 3:15 PM

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