Legal Question in Civil Litigation in California
abuse of venue
I am suing the defendant for a sum of $3000 for 'SLANDER''(have very good evidence) i originally sued the defendant where i live, but she had '' legal coaching'' and attepted to change venue,( i checked venue ''C'' ) i live in the Valley and the defendant lives in Hawthrone. At her own obmission that the slander was committed in the place of the plaintiff employment,in the south bay,( and that city proper jurisdiction is Torrance court Now she is attemping to file (AGAIN) ''challenge venue'' stating the exact reason!! when she filed the frist ''challenge venue''i submitted a rebuttle stating that the defendant is attempting to avoid the case by confusing the issue. This city where the act of slander was committed is in this beach city and that the court were i filed is the proper court to hear this case.... she just trying to avoid this trial! can i request sanction or what are my rights?
1 Answer from Attorneys
Re: abuse of venue
It depends in what form the defendant is objecting. If in a written motion, you should oppose, writing a declaration UNDER PENALTY OF PERJURY, stating exactly what happened with the other case, and attaching a copy of the other case document and perhaps of the dismissal for venue problems. The court should see it your way. You might have some legal hurdles if the "slander" involved a communication to your mutual employer, which might have a qualified privilege. Good luck.