Legal Question in Civil Litigation in California

In a California small claims case I am the defendant. The case was to be heard two weeks ago and I had not prepared a counter claim. The case was not heard and was continued until December due to questions on whether the issue had been decided in a previous lawsuit. Due to it being continued, can I file my counterclaim now or is it best to initiate a suit of my own? My counterclaim is not on the same issues as what has been filed against me.


Asked on 10/19/15, 4:17 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Yes, you can file your counterclaim now. Make sure you send a copy to the other side.

But, it might be more advantageous to file a separate claim after this one is done, since this particular case may get thrown out. If that happens, the case would be over and plaintiff would not be able to appeal. You may want to take everything to a local attorney for review just to be safe.

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Answered on 10/20/15, 9:00 am


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