In October I entered into an agreement (over the internet) to see patients at a Hyperbaric Clinic. The owner indicated that she was the owner of a non-profit and that she was a certified hyperbaric technician. I went to Fresno one (1) day - with an expectation that if this worked out, I would do this 1-2 times a month. (I live in Berkeley) Several days later the owner saw that a private party was selling a chamber and induced me to purchase the chamber with the agreement that I would be the owner of the chamber and that they clinic would take care of the transportation costs and set up costs. I would get it back when I had a clinic set up here in my area. They wrote me an email to this effect.
After I sent the check and they collected the chamber they indicated that "our agreement was null and void" and "they could no longer afford my services". We wrangled around for a few months trying to get my money or the chamber back.
In March the owner's husband agreed that he was willing to pay me back the money. My office manager got on the telephone and we agreed on terms. Mr. Jeff indicated that they were satisfactory and that if I had a contract written up he would sign it. I had a memo of understanding written up and a contract. He did not sign either and promptly defaulted on the note. I wrote him a 30 day notice, then a 60 day notice.
Finally, they sent me a check for $200 labeled "chamber payment". I did not cash it, but filed suit (regarding the unpayment of the debt) in Alameda County. Defendant's jerked me around about service (owner denied that her husband's name was James Jeff), finally I got them served. 3 days ago they got an attorney who filed a "reservation for a motion to quash" based on jurisdiction, and send me a copy [without a postmark on the envelope]. He is asking for a hearing stating that the contract was entered into in Fresno (it was not - it was over the telephone), and they are asking for attorney fees of $5000.
My position is that jurisdiction is proper. I entered into the agreement in Oakland, suffered damages in Oakland, and just because it is inconvenient for them to come to Oakland to defend their actions, it is not sufficient for the change of venue.
I plan on filing a default judgement tomorrow. What should I do about their improper service to me? What should I do about their motion to quash?
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