Legal Question in Personal Injury in California

I sued someone in small claims court. First court date, defendant lied to court saying she was never served. Court continued case a couple of months. The day before our second scheduled court date, the defendant's attorney filed a new suit against me in civil court then asked the small claims court to transfer my sc case to his civil case in Superior Court,which they did. Then I became the defendant in Superior Court.

Is this a normal practice? To transfer small claims cases to superior court?


Asked on 4/14/10, 5:18 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If the two cases are related [e.g., arise from same incident], then the defendant can request they be merged and heard in Superior Court. It makes little sense to try the same matter in two different courts. Now, however, the burden is on the oher side to show they are entitled to win. But you need to speak to an attorney to see what you should do and who has liability in the case.

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Answered on 4/19/10, 7:35 am


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