QUESTION

Since the store chain has branches to where I live now, can I sue them in small claims court here?

Asked on Jul 20th, 2017 on Personal Injury - California
More details to this question:
I had an automobile incident in the parking lot of a store. They refused to accept responsibility. I subsequently moved to another state.
Report Abuse

1 ANSWER

The normal requirement is that you must sue where at least one defendant resides or is doing business.? But are these stores independently operated? A judge might say there is jurisdiction to serve the company store, but no venue as your new state has no interest in protecting you at the time of the incident since you lived in another state. Also, the witnesses to the incident, except for you, all reside in the other state and the physical aspects of the incident are all located there. I think a judge would probably dismiss the case. Also, does the store own the spot where the accident took place or do they control that area as if it is a shopping center the developer probably owns the parking lot and would be the correct person to sue.? You do not tell us what the "incident" was, so your question is harder to answer.? If it was that a store clerk hit you, then it would be even more clear you would have to sue in the state where the incident occurred since you are suing the company because their liability arises indirectly only as the employer.
Answered on Oct 02nd, 2017 at 2:48 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters