Legal Question in Civil Litigation in California

Small claims (Venue)

Dear sirs,

I have 3 questions, I am a plaintiff in a small claims case for slander and i have overwhelling evidence (and the defendant knows this)1st question: i knowly filled in the wrong venue i picked ''C'' for the venue,and the wrong court and the defendant consultant an attorney,wanted it close to home!( she wrote on the defendant behave) and wrote to the court asking for a dismissal, i pretty sure it will be granted, or will it? any advise? 2nd question: when we go to court i am going to have another claim for the right court but the problem is that what do i put in the venue for a ''slander'' case? 3rd question: will the sheriff serve her at this time,right in court ( she is hard to get, she avoids serves!)


Asked on 10/15/03, 9:51 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Small claims (Venue)

your questions are a tad on the ambiguous side, however, if your case is dismissed procedurally due to lack of proper jurisdiction, you should be able to re-file it in the court with the proper jurisdiction without prejudice. further, if the defendant is retaining an attorney for "legal coaching" here, you may also want to do the same thing to help ensure your chances of prevailing in this matter and not having your case dismissed with prejudice procedurally and/or substantively, especially if you have compelling evidence to prove your case. if you would like further assistance in this matter, email me directly with your contact information for a free phone consultation on your case.

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Answered on 10/15/03, 9:56 pm


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