Plaintiff Is Out Of Control

[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 frivilous 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]

Didn't I answer this once?

 

[riverrock]

yes you responded

Yes there was a response left by seniorjudge, but not much of one that I could use. This is why I also moved my question to small claims. My question was since I am being sued for the same thing in civil limited that I was already counter sued and was awarded the judgement in small claims, can I sue this person in small claims court for my lawyer fees. Since he knowingly filed the same suit against me twice and lost the first time. Thanks

 

[ShaylaSioux]

Wondering: Plantiff out of control

I read your post and am not a legal advisor. I too live in California and seem to have a situation verysimilar to yours in regards to somone repeatedly sue, harrassing etc. and thought we could perhaps assist each other with our situations being so closely matched as well as wondering if it's the same person. If you want to contact me I can be emailed at [email protected]. Thanks

 

[JETX]

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.

This is pretty simple. File a general denial of all claims (to protect your rights to a hearing) and at the same time, file a "Motion to Dismiss" claiming what is called 'Res Judicata'. That is the same thing as 'double jeopardy' in criminal proceedings, only it applies to civil actions.

res judicata
: (rayz judy-cot-ah) n. Latin for "the thing has been judged," meaning the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless.