Legal Question in Consumer Law in California

File a Motion to dismiss for improper venue

Hello there, and thank you for your help in advance. I've asked a question on this, but now am in need of further input.

I've been summoned to a Florida Court for an item I sold on ebay. I live in California, where the item was shipped from. The summons says if I believe the plaintiff has not sued in one of the correct places, I may file a written request of transfer, in affidavit form. I also have to send a copy to the plaintiff with said notice.

I have a few questions on this:

1. Is filing a motion to dismiss the same thing as requesting transfer? I had read that (in CA at least) that if the plaintiff filed in the wrong court then the case gets dismissed.

2. Do I have a lawyer draw up the paperwork, or can I go to a local court and have it done, or a legal document filing service?

3. How do I give said notice? Does it have to actually be served, or just sent in mail?

Thank You again,


Asked on 3/17/08, 6:44 pm

1 Answer from Attorneys
Lowell Houghton Law Offices of Hagop Chopurian

Re: File a Motion to dismiss for improper venue

A transfer is a moving the lawsuit to another court. A dismissal ends the action, at least temporarily. I can't help you with Florida law. Read what they sent you carefully and maybe you can respond by following their directions. Is it a small claims action? If so, you can probably respond yourself.

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Answered on 3/18/08, 9:19 pm


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