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Most consumer protection statutes contain venue provisions to protect consumers from distant forums. Most actions against consumers are subject to one of the following:
- The Unruh Retail Installment Sales Act [see CC §1812.10; California Judges Benchbook: Small Claims Court and Consumer Law §5.8 (Cal CJER 2007)];
- The Rees-Levering Motor Vehicles Sales and Finance Act [see CC §2984.4; California Judges Benchbook: Small Claims Court and Consumer Law §5.39 (Cal CJER 2007)]; or
- CCP §395(b), which applies in an action arising from an offer or the provision of goods, services, loans, or extensions of credit intended primarily for personal, family, or household use, other than an obligation subject to the Unruh Act or the Rees-Levering Act. The proper court for trial of the action is the court in the county where:
- the buyer or lessee in fact signed the contract,
- the buyer or lessee resided at the time the contract was entered into, or
- the buyer or lessee resides at the commencement of the action.
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REFERENCE >> Other consumer statutes are discussed in California Judges Benchbook: Small Claims Court and Consumer Law ch 5 (Cal CJER 2007). |
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