Venue Dispute Letter
If you are disputing the venue (court location) of your California Small Claims court case, you may use the below letter template to let the court know that the case was filed at the wrong court and should be dismissed.
Be sure to send a copy of this letter to each of the plaintiffs as well so they are aware that you are requesting to have the case dismissed. After sending the letter, you will receive a response from the court. If you don't hear back confirm with the court (call the court clerk) to confirm if the case has been dismissed. If you are unable to get confirmation that the case is dismissed or postponed, you still need to appear in court on your scheduled date. Failure to appear in court could result in the Plaintiff winning a default judgment against you.
Template
Clerk of Court [INSERT NAME, IF KNOWN]
[COURT NAME]
[COURT ADDRESS]
Re: [CASE NAME] (FILING DATE OF CASE)
Dear Clerk of Court,
The Defendant is writing regarding the referenced case. The Defendant has reviewed the Plaintiff’s Claim Form (SC-100) and has determined that this case should be dismissed because the Plaintiff filed in the wrong court and the Defendant will be highly inconvenienced if the case is heard in this court. Therefore, the Defendant requests that the court dismiss this lawsuit.
The Plaintiff filed this case in the wrong court because [INSERT REASONING].
In light of the above, the Defendant requests that the court please dismiss this lawsuit.
A copy of this letter is being sent to the Plaintiffs in the case.
Sincerely,
[DEFENDANT NAME]
cc: [PLAINTIFF NAME]
Sample Letter
The Orange County Superior Court
Small Claims Division
700 Civic Center Drive West
Santa Ana, CA 92701
Re: Adams v. Barker, Case Number: 44-234 (Filed on June 7, 2023)
Dear Clerk of Court,
I am the Defendant in the referenced case and I am writing because after reviewing the Plaintiff’s Claim Form (SC-100), I have determined that the Plaintiff filed in the wrong court. Therefore, I am writing to respectfully request that the court dismiss this lawsuit because I will be highly inconvenienced if the case is improperly heard in this court.
The Plaintiff filed this case in the wrong court because: (1) the Plaintiff has claimed that they loaned me money in San Bernardino County, and this alleged loan is the subject of the lawsuit, and (2) I live and work in San Bernardino County. Based on these facts, the case has no connection to Orange County and the Plaintiff improperly filed this case in Orange County.
In light of the above, I respectfully request that the court please dismiss this lawsuit because it was improperly filed in Orange County Small Claims Court.
A copy of this letter is being sent to the Plaintiff in the case.
Sincerely,
John Barker
cc: Bob Adams