Legal Question in Civil Litigation in California

suing to recover $3500 legal expenses: superior court or small claims?

I'm trying to recover legal expenses. Couple serves malicious TRO against me followed by charges I violated said TRO, both pursuant to unprovoked attack by them upon me documentable with ER records (I'm 200 lbs, he weighs 300 and head taller). Assault occured when I agreed to honor their request to ''wait with them for police to arrive''. They believe I'm concealing knowledge of aleged rape of their retarded daughter 5 years prior, which there is no evidence of and for which no charges were never ever filed! I beat both TRO and mideameanor charge and now trying to recover damn legal expenses. I am trying to determine best venue between Small Claims or Superior Court. Small Claims may NOT be best venue for attempting recovery totaling $3500 because suing for ''Abuse of Process'' is a tort for Superior Court? Is this correct or not? Again, following unprovoked attack, neighbor serves TRO, cross-complaint filed, TRO lifted but not before plaintiff calls police to file false charges I violated TRO. All charges against me dismissed. Can I win this?


Asked on 1/13/04, 6:04 pm

1 Answer from Attorneys
Martin Snitow

Re: suing to recover $3500 legal expenses: superior court or small claims?

You would have to prove malicious prosecution. That's very difficult. I don't know enough about your facts but generally these are tough cases to win.

Life isn't long enough for this. No one likes spending money for legal fees, but maybe you should let it go and just chalk it up to experience.

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Answered on 1/13/04, 6:44 pm


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