Filing a motion for change of venue in California is the topic of this blog post. The relevant code sections for venue are found in Title 4, Chapter 1 of the Code of Civil Procedure, specifically sections 392 through 403.
The term venue means the court location where a case is heard. In California a defendant has the right to have any trial heard in the county of their residence, unless there is some express statutory justification for an exception such as a personal injury case where the defendant is alleged to have caused a vehicle accident in another county. If a defendant wishes to object to the venue they must file a motion for change of venue at or before filing an answer or other response. Otherwise they may be deemed to have waived any objection to the venue of the case.
And because the law favors the right of trial at the defendant’s residence, any complaint filed in another county other than the county where the defendant lives will be strictly construed against a plaintiff seeking to lay the venue elsewhere.
And where several causes of action are alleged in a complaint, a motion for change of venue must be granted on all, if a defendant is entitled to change on any one cause of action.
If plaintiff did in fact file in the wrong county, defendant has the right to have the plaintiff pay all of their expenses, including court costs and attorney fees before any transfer is made. If the fees are not paid within 30 days of service of notice of the transfer order, defendant may make a motion for dismissal of the case without prejudice.
As stated previously the right of a defendant to have any trial heard in the county of their residence is very strong, and any exception to that rule will be strictly construed against a plaintiff. If the plaintiff is represented by an attorney, the Court will order that the attorney for the plaintiff be the one to pay any expenses and attorney fees before any such transfer is made.
Attorneys or parties in California who wish to file a motion for change of venue can see below a portion of a sample motion for change of venue complete with a memorandum of points and authorities with full citations to case law and statutory authority sold by the author.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. Visit the author’s website at: http://www.legaldocspro.net
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Copyright 2012 Stan Burman. All rights reserved.
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.