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California Small Claims court jurisdiction. A contractor repaired

a building in county “A”...
California Small Claims court jurisdiction. A contractor repaired a building in county “A”, his business is in county “B”, contract was negotiated over the phone and mail, signed in county “C” by property owner, then sent to contractor. The contract’s fine print stated jurisdiction would be where the contractor has his business. The contractor’s stationary had a local phone number to county “C” which was used to negotiate the contract. The contractor filed in small claims in county “B”. On the court forms he certified the contract was signed in county “B”. A friend told me that you can not sign away jurisdiction in a contract. The law trumps the contract.
Can you give me the law number where I can read what California law states as to which court has jurisdiction?

If a part of the contract is not legal, does this make the whole contract invalid since there was not a clause stating if one part ruled invalid does not invalidate the rest of the contract?
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1/6/2010
socrateaser
socrateaser, Attorney
Category: Business Law
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California has "jurisdiction," because the entire transaction took place in California. International Shoe v. Washington, 326 U.S. 310 (1945) .

 

Your concern is with proper "venue." A contractual provision specifying the county where an action on that contract will be brought is void. General Acceptance Corp. v Robinson (1929) 207 Cal. 285.

 

Hope this helps.

 

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Customer reply replied 7 years ago
Did you miss the last sentence, now valid since the prevision is invalid.

If a part of the contract is not legal, does this make the whole contract invalid since there was not a clause stating if one part ruled invalid does not invalidate the rest of the contract?

Sorry. My vision sucks.

 

Whether specific unenforceable provisions can be severed from a contract and the remainder of the contract enforced depends on the language of the contract and its subject matter. Severability is a matter to be determined by the court consistent with the intent of the contracting parties. Keene v Harling (1964) 61 C2d 318.

 

Since the particular issue is procedural, it's highly doubtful that the remainder of the contract would be deemed invalid. In fact, I'd say the probability is nil.

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