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