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Wasn't sure about your answer on couter suing her. Can I counter sue for the costs I spend in flying out to San Fran to defend myself, or can I sue for the money we spent renting the place? Is there any way I can just ignore the suit; or respond in writing to the court rather than showing up in person? Do counter suits based "flivirous lawsuits" ever prevail? And if so should I ask for the entire $10,000? Should I get a lawyer to help me?
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: Case is filed in CA I am in NM
You can counter-sue for the money from renting the place, for any doctor's bills you incurred, etc. You can't counter-sue for your costs to attend court but you could ask for them to be awarded as sanctions for a frivolous suit. You can also hire a lawyer and file a counter-claim for attorney's fees since you will be counter-suing under a breach of contract/warranty.Yes, sanctions for frivolous lawsuits can win and it isn't unusual. This sounds like a good case for them.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992