Legal Question in Civil Litigation in California

I was sued in 1995. As part of the settlement at trial, the legal documents that pertain to maintenance of an easement added a paragraph that if issues arose in the future, the court had maintained jurisdiction and either party could petition the court by Ex Parte for help in resolution. The amended documents were filed and recorded and are part of the grant deeds on both properties. In 1999, the original plaintiff died and a new owner purchased the property in 2001. As the recorded documents say that they are pertinent to all heirs, successors in interest and assigns, I assumed that we are still bound by the legal agreement; if we have issues we proceed through Ex parte on that original case. Instead of following that direction, the new owner has sued me - a whole new case. The issues alleged are identical to the original case. How do I establish with the court that these matters are part of the original case? Must I file a cross complaint on the original case, or other documents to establish the court's jurisdiction of this new owner or can I just answer the complaint by an affirmative defense alleging that the court already has jurisdiction under the old case. Thanks!


Asked on 1/27/11, 12:08 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Its not clear from your question whether the new lawsuit is in the same or a different court. If the same judge is available you can file an ex parte motion for him/her to take jurisdiction of the new lawsuit. Otherwise, you could file in conjunction with your answer to the new complaint copies of the recorded documents. It is not clear what advantage there is in raising the prior agreement by ex parte if a different judge is involved and the original judge is retired. Part of your defense is the prior agreement.

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Answered on 1/27/11, 3:18 pm


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