Legal Question in Civil Litigation in California
My Ex wife and her family are harassing me through the courts system. They now have filed a frivolous civil case. I filed a demur for the response. Due to the fact there is currently a divorce pending would that fall under the "better venue for the parties"? Plus the claim is a template of nothing. Any thoughts for if someone knows and case law it would be really helpful. thank you.
3 Answers from Attorneys
Venue means location, not the department in the same courthouse. Without seeing the complaint, I couldn't guess at what they're alleging, and what defenses you might raise. If it involves allocation of marital property or visitation or custody of the children, that belongs in family court. Otherwise, civil court might work.
In addition, if they're alleging that you said or wrote something defamatory in your family law matter, a special motion to strike under Code of Civil Procedure section 415.16 (anti-SLAPP motion) might be appropriate. You might consult with a lawyer at least to get some direction.
You need a lawyer or it will probably continue. Even if you demurrer succeeds, the court will probably allow them to amend the complaint and file again.
I can help you defend the action, and probably save money in the long run compared to if you do not have an attorney. Contact my office for a free consult.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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