Legal Question in Wills and Trusts in California

Partition. Jurisdiction and Venue change.

I sued for Partition Action, Back Rents and Court Costs against co-owners, cotrustees in Riverside County where the property is located. My brother who is a cotrustee of my trust bought me out of the rental property a month later. I dismissed the Partition Action and filed a default judgment for the back rents and court costs. My brother filed a motion to vacate default. Can I dismiss the lawsuit(back rents and court costs) without prejudice and sue for those damages in Contra Costa County Small Claims (amount is $7,000) according to California Probate Code 17002 (2)? My home in Contra Costa County is where I believe the day to day activities of my trust occur, yet the other cotrustee (Brother) lives in Orange County. Thanks


Asked on 7/12/11, 9:59 am

1 Answer from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

You have posted several questions on this situation. The action is proper in Riverside County not Pleasant Hill, Contra Costa.

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Answered on 7/12/11, 10:03 am


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