In California If A lawyer is suing my homeowners Insurance and wants to take it to another Jurisdiction Do I ?
Monday, March 30th, 2009 at
3:58 am
berthamom11 asked:
have the right to keep it where I live in my Jurisdiction? My dog attacked my neibor and his dogs when he was walking them. Shes suing for 50K and my homeowners lawyer said she wants to goto Another city cause the value where I live the court next city over is that not high? Do I have A right to keep it in my jurisdiction?
have the right to keep it where I live in my Jurisdiction? My dog attacked my neibor and his dogs when he was walking them. Shes suing for 50K and my homeowners lawyer said she wants to goto Another city cause the value where I live the court next city over is that not high? Do I have A right to keep it in my jurisdiction?
Tagged with: California Lawyer • Jurisdiction • Neibor
Filed under: Homeowners Insurance
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Jurisdiction is different from venue. Venue is where the case would be heard. Jurisdiction can be small claims, municipal court or state superior court.
For example, I have a district court in my home town, but if my dog attacked a neighbor, then we’d go to the county superior court because the dollar amount is beyond that which a small claims (or district court) can have jurisdiction over.
Unless there’s a closer court that can take jurisdiction over the claim, then you’ll probably be in the proper jurisdiction in the other city. What you’ve explained sounds like you’ve got a small claims court nearer to you.
I’m confused – are you saying that the lawyer appointed by your homeowners’ insurance wants to move this case? Or the opposing attorney wants to move this case? If its your attorney, go with it. If its the other attorney, then yes, you can fight them on the grounds that it is not the proper forum or venue.