Legal Question in Consumer Law in California

I am being sued in small claims court and we have filed countersuit

Some lady tried to steal my wife's uncle's house in the mid 1990's. She paid the back taxes and sued for control. Her case was dismissed with prejudice. Our uncle gave the house to my wife and she is now suing us. I understand that her claim is outside the statute of limitations. In addition, when she sued our uncle, she included a clause ''3. Plaintiff is ignorant of defendants sued herin as DOES 1-100 inclusive, and plaintiff therefore sues these defendants by such fictitious names. Plaintiff is informed and believes that any member of these fictitious named defendants if they exist at all, will be either those claiming to be heirs of defendant (uncle's name), ... . Plaintiff will amend this complaint to allege their true names and capacities when ascertained.''

I believe this means that she has already sued my wife Am I correct in this? Since the case is out of the statute of limitations, what should I do when we appear before the judge?

Since I have filed a counterclaim against her, should I still argue the facts of her case. Should I claim statute of limitations and leave it at that? Should I claim that she has already sued us and leave it at that? Should I do all three and then itemize our expenses for our counterclaim?


Asked on 11/12/03, 12:38 am

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: I am being sued in small claims court and we have filed countersuit

Need much more info to discuss intelligently, however, available if wish to call and/or set up meeting, first meeting no charge. If fraud is involved, statute not begin to run until knowledge of alleged fraud, then three years. Since not know what else there, call if you wish. Don Holben 800-685-6950

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Answered on 11/14/03, 1:34 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: I am being sued in small claims court and we have filed countersuit

If the statute has passed, then you have to bring this up by way of a demurrer. Also, since she has sued once and lost, this should also be in the demurrer.

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Answered on 11/12/03, 2:51 pm


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