Legal Question in Consumer Law in California

Small Calims counter-sue into Municipal Court Action

I recently filed a small claim against a company to have a deposit returned to me for a product they could not build. The company's owner has filed a continuance and has filed an action in Municipal Court for the Balance of the product. His figures are incorrect and he is counter suing me and requesting that the small claims action be joined with the municipal court action and transferred to the municipal court in accordance with California Code of Civil Procedure section 116.390. He is including a storage fee for this product they could not build to my specifications. They could also not provide me with this product when I offered to buy it. What are my legal options from here? It appears they are trying to get me to drop my case by taking it to municipal court instead of small claims.


Asked on 3/02/02, 1:22 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Small Calims counter-sue into Municipal Court Action

He has the right to counter-claim and have the case removed to Municipal Court if the amount he is claiming exceeds $5000. The court will most likely berge the cases into one.

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Answered on 3/02/02, 1:54 pm


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