Legal Question in Civil Litigation in California

small claims - countersuing

can you contersue in small claims for frivelous lawsuits? If so, can you complete all the time and expense to defend the case?


Asked on 12/13/06, 7:51 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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.

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Answered on 12/19/06, 5:21 pm
Anthony Roach Law Office of Anthony A. Roach

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,

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Answered on 12/20/06, 12:39 am


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