Jurisdiction Dispute Letter
If you are disputing the jurisdiction (the state) of your California Small Claims court case, you may use the below letter template to let the court know that the case should have not been filed in California so it 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,
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 the Plaintiff improperly filed this case in the state of California.
The Plaintiff filed this case in the wrong court because: [INSERT REASONING]
In light of the above, I respectfully request that the court please dismiss this lawsuit because it was improperly filed in [COURT NAME].
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 the Plaintiff improperly filed this case in the state of California.
The Plaintiff filed this case in the wrong court because: (1) the Plaintiff has claimed that they loaned me money in Oregon, and this alleged loan is the subject of the lawsuit, and (2) the Plaintiff and I both live in Oregon. Based on these facts, the case has no connection to the state of California and the Plaintiff improperly filed this case in the state of California.
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