Legal Question in Civil Litigation in California
How to get a small claims case dismissed prior to hearing
We are being sued in a CA small claims court by a CA corporation. We just discovered that this corporation�s status is suspended & had been for 3 months prior to their filing of the small claims suit against us. We also learned that a suspended corporation does not have the right to sue in civil court.
There's a 1/30/09 hearing date, however we would like to get this matter dismissed prior to the hearing. We prepared a declaration stating that we just discovered the suing corporation is in suspended status & requesting dismissal on those grounds. However, it has come to our attention that if this request for dismissal, due to the suspended corporation status, is not heard prior to the hearing, the judge may likely ignore the request citing it was not brought to the attention of the court in a timely enough manner. Is there any method we can employ to perhaps have the small claims judge review this request for dismissal prior to the hearing? The individual at the small claims counter we spoke to indicated there were methods to make this happen, but said we would have to ask an attorney what they were.
Any suggestions as to how to get our declaration in front of the judge in this small claims court prior to hearing date?
3 Answers from Attorneys
Re: How to get a small claims case dismissed prior to hearing
Why do you not write to the the person suing that they have no legal grounds to do so and if they force you t go t court you wil request the judge to impose sanctions for abuse of process. They judge probably will not do so, but he/she might. Unless with the two week period of time the statute of limitations to bring the action will run, your telling the corporation now that they can not sue will not hurt you, as after the hearing they can always re-register and sue you again. Do not try to play it cute by waiting until the hearing to raise the issue as the judge will ask why you did not raise the defense before.
Re: How to get a small claims case dismissed prior to hearing
If you notify the corporation of the suspended status. They can reinstate the corporation prior to the court date and defeat your defense.
Re: How to get a small claims case dismissed prior to hearing
Haven't you asked this question like 6 times already? Go to the hearing. Prepare a document called "Trial Brief" containing all the good law you looked up and the declaration of suspended status you mentioned and offer it to the judge via the bailiff. If the judge has half a brain, he or she will dismiss the case. If not, appeal.
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