Legal Question in Civil Litigation in California

Re: small claims - countersuing

In order to sue someone for filing a frivilous lawsuit against you, you must first win the frivolous lawsuit filed against you, then you can sue in small claims court or superior court. You can sue for all attorney fees, costs, and emotional distress you have suffered.

Re: small claims - countersuing

You cannot sue for malicious prosecution for someone filing a small claims action against you, regardless of the fact that the small claims case had no merit. Small claims proceedings are not designed to be a springboard for further litigation. (Pace v. Hillcrest Motor Co. (2nd Dist. 1980) 101 Cal.App.3d 476, 479.)

Mr. McCoy is wrong, and would only be correct if the action filed against you was either a limited or unlimited civil action filed in Superior Court.

Very truly yours,