out of control litigant

[riverrock]

What is the name of your state? california
Over a year ago I took a person to small claims court for breaking a verbal contract we had. In his counter-claim he filed many various acusations against me. I finally won this case against him. When I went to pick up my judgement I was served a summons that I was being sued in civil limited.The plaintiff is now trying to sue me for the same exact amount and accusations he filed in his counter-claim in the small claims suit. I was going to file a general denial as my answer and prove to the court with documents from the previous case that he has already tryed to sue me for this, the court has heard his side and judged in my favor. This man does nothing other than sue people in this county. He has sued many businesses, residents,the police dept. his own lawyer and the district attorney. He has done this all in pro per. I thought it would be in my best interest this time to get a lawyer. I have been told that I should not worry and that he will file a demurer and something else he told me about his filing too many law suits against people in the county trying to make it impossible for him to do this without a judge first looking at his complaint. I am not worried about winning this case since he does not have one, I am just upset that I have to spend quite a bit on a retainer fee and lawyer fees. I want to know if after all of this is over, can I sue him in small claims for filing a frivolous law suit and try to regain my lawyer fees from him. I am being a bit vague, but trying to keep it short. If anyone has any advice it would be greatly appreciated. Thanks

 

[seniorjudge]

"...I have been told that I should not worry ...."

Who told you this?

Why did you sue this nutcase (knowing his reputation) to begin with?

Do not slough off this latest lawsuit against you; file certified copies of all the papers from the first lawsuit you had with nutcase.

 

[badapple40]

Yes, this claim is barred by res judicata/collateral estoppel. Hire an attorney, you will get fees back -- as this is a frivolous lawsuit.

 

[riverrock]

Thanks badapple40. I just sent the reatainer check off in the mail and now I will see what my lawyer does. Eventhough I sued this man in small claims and won, I dont think I would do nearly as well in civil limited. I dont have the time or the patients. I really dont have the money either to spend on a lawyer, but since he summoned me I had to answer it and thought it best to hire a lawyer. When I get my final lawyer bill from all of this I am going to turn around and sue him in small claims to try and recover my lawyer fees. Thanks a lot. NOt sure if it will work, but at least I can try.

 

[badapple40]

No, you should have your lawyer seek sanctions and fees in the main action for the filing of a frivolous and legally barred suit -- not a separate action.

 

[riverrock]

Yes I understood, the first time. I talked to my lawyer last week he told me that the easiest and the cheapest way out of this would be to file a demurer and show that he has already brought up these issues. He wont file a cross-complaint because of the cost. I am also worried that it could go into the thousands. I would get this back in a cross complaint, but I dont have it to give to get back. That is why I was asking if I could file a claim against him in small claims

 

[seniorjudge]

No, you should have your lawyer seek sanctions and fees in the main action for the filing of a frivolous and legally barred suit -- not a separate action.

"...That is why I was asking if I could file a claim against him in small claims..."

No, do what BA told you to do.

 

[riverrock]

As I have said previously, The lawyer told me he would not file a cross-complaint . I was told the easiest way would be to file the demurer and get out. I am asking the question once again. When I have all of my lawyer bill's, can I file a claim against him in small claims to get my fees back. If you are not a lawyer or a qualified professional please do not respond to this post or at least read the post. Thank you.

 

[seniorjudge]

...When I have all of my lawyer bill's, can I file a claim against him in small claims to get my fees back....

No, do what BA told you to do.

 

[meganproser]

Riverrock, your lawyer will ask for his fees when he files the motion to dismiss. There is no need to bring a counter claim to recover your costs. It's an all in one kind of deal.

 

[badapple40]

Yeah -- you don't need to file an action for this, you just file a motion for sanctions and attorney fees with the demurrer.

In fact, a separate action may be barred by res judicata/collateral estoppel where you had a full and fair opportunity to bring the motion for fees in the original action. You could also file a separate action for malicious prosecution, but let me tell you, you are opening up a serious can of worms there since the guy will likely respond back with who knows what.