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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.

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Attorney answers 3

Posted

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.

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Posted

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).

Asker

Posted

The court scheduled a non-appearance review in 3 weeks. Is there reason to go up there and appear ex parte to get it dismissed or is there harm in waiting the 3 weeks for the court to dismiss it? It seems that if he is going to re-file in Riverside, he will do it whether I go up there or not.

Robert Scott Lawrence

Robert Scott Lawrence

Posted

Without knowing the precise facts -- and whether there are SOL issues -- I can't say which option is better for you. The safest option is to go in ex parte and get it thrown out.

Posted

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

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