Skip to main content

What happens after case is dismissed following change of venue?

Riverside, CA |

I had someone file a civil suit against me in Los Angeles, even though I reside in Riverside County. I filed a motion for change of venue. The plaintiff did not show up to court and the judge granted my motion. She gave the plaintiff 2 weeks to pay the required fees, which I think are a $50 transfer fee and $395 initial filing fee in Riverside. She said I could appear ex parte if the fees weren't paid and she would dismiss the case.
So what happens after the case is dismissed? Can he just file a new case in Riverside or is there prejudice preventing this? Why wouldn't he do that anyway and avoid the $50 transfer fee?

I am trying to determine if I should drive to LA on Friday to get the case dismissed or not. If he can just re-file in Riverside, it doesn't really make sense.

Attorney Answers 3

  1. As long as the statute of limitations hasn't run, the plaintiff can just re-file the case in Riverside, since the LA court's dismissal will be without prejudice to the right to re-file. It makes sense for you to follow through with this if you don't want the case venued in LA.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. The plaintiff can refile in Riverside, but you should get the case dismissed anyway, and seek costs for having had to respond to a complaint filed in a facially improper venue.

    If plaintiff refiles in Riverside, you will obviously have to respond when served, but you should check if there are statute of limitations issues that would bar plaintiff's new filing, because the calculation of time will not relate back to the originally filed and dismissed case (whereas it would if it were transferred).

  3. the short answer is that he can refile unless the statute of limitations has run.

    The advice offered is based only on the information provided and not to be construed to create an attorney relationship. I will allways give you a free consultation, so we can discuss all the facts of your case call us anytime at 718-263-6800