Legal Question in Personal Injury in California

California

I am the plaintiff, currently being represented by a law firm based in Colorado in a personal injury civil case in a Federal District Court in Colorado. The defence attorney has demanded that my attorneys recuse themselves from representing me in this case. That matter is being reviewed by the magistrate judge. My question is this. If my attorneus are forced to recuse themselves and I must than seek new legal counsel. Can I seek a law firm based in California and have the case filed in a Federal District Court in California?


Asked on 7/13/03, 12:00 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: California

There are many factors that determine where a given case can be heard, but the location of the lawyer's office is not one of them. Besides, given that your case has already commenced in Colorado it would be improper to let you dismiss it solely to obtain a different locale. You can proceed with the current case and, depending upon the facts, you just might be able to get it transfered to a federal court in California. Such transfers are rare, though, and I would need to know much more about the case before I could offer any guidance as to whether this is a realistic option for you.

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Answered on 7/14/03, 3:34 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: California

Mr. Hoffman (no relation) is quite correct. In addition to the information in his response, you would also need to worry about the statute of limitations. If the accident occurred in California more than 1 year ago (if it occurred prior to January 1, 2003), dismissing the suit and refiling it may not be possible becuase the statute of limitations may have expired.

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Answered on 7/14/03, 6:01 pm


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