Can a Cotrustee sue in Small Claims? Posted on July 13, 2011

I sued for Partition Action, Back Rents and Court Costs against co-owners, cotrustees in Riverside County where the property is located. My brother who is a cotrustee of my trust bought me out of the rental property a month later. I dismissed the Partition Action and filed a default judgment for the back rents and court costs. My brother filed a motion to vacate default. Back rents were rents my brother received. He used my share to imporove the property without my consent during the same time I was demanding to be bought out or list the property for sale. Can I dismiss suit(back rents and court costs) without prejudice and sue for Back Rents in Contra Costa County Small Claims (amount is $7,000) according to California Probate Code 17002 (2)? Contra Costa County is where I believe the day to day activities of my trust occur, yet the other cotrustee (Brother) lives in Orange County. Thanks

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