QUESTION
Can I sue my out of state moving company? And do we sue in CA or WA.
Asked on Sep 27th, 2021 on Civil Litigation - Washington
More details to this question:
We moved out of San Diego, CA on 8/06/21. Our movers packed all of our household goods on 8/04/21. This would include 3 motorcycles and 2 scooters ($50,000, 5 motor vehicles alone, not including household goods). We are now in Shelton, WA and it has been almost 8 weeks and we still do not have any of our stuff. Not sure if we should sue in CA or WA.
1 ANSWER
First take a look at your contract, as it likely has an arbitration provision and/or a choice of forum provision (i.e. which court you have to sue in). It may also have a limitation on liability provision (e.g. mover not liable for any damages beyond the amount paid) which may or may not be enforceable depending on the degree of the mover's culpability. Given that the contract on which you're suing involved performance in both CA and WA, the courts of either state would likely have jurisdiction over a dispute, so if the contract is silent, sue in the jurisdiction most convenient for you.
Answered on Sep 28th, 2021 at 12:32 PM