PRETRIAL ADJUDICATION
...Jurisdiction & Venue
......Venue: Change of
 14 Cards On This Topic:
  • Showing required in change of venue motion made for ends of justice or convenience of witnesses.
  • Change of venue: general grounds.
  • Venue may be changed to county in state where respondent resides.
  • Venue may be changed when both parties have moved from county.
  • Fees, payable by attorney, may be awarded prevailing party in change of venue motion.
  • Failure to move to change venue under CCP §396b does not, as a matter of law, waive a litigant's right to so move under CCP §397 in the absence of intent to waive.
  • In a multi-D case, an answer must be filed by ••all•• Ds before the trial court may consider opposition to a motion to transfer venue.
  • Golden Gate Bridge Dist., a local agency sued in San Joaquin County where P was situated but Golden Gate was not, was entitled to transfer venue to neutral county per CCP 394.
  • Contractual provision purporting to waive D's right to transfer action to neutral county is invalid.
  • Code Civ. Proc. §394 applies to cross-complaints; consulting firm not "doing business in" Contra Costa County and is entitled to change of venue.
  • No transfer of venue where action brought by county public guardian in its role as conservator, not in its role as county agency.
  • Action against county for personal injuries occurring there must be brought in that county; county may request venue to be transferred from county where suit originally filed.
  • Convenience of counsel is not permissible basis for change of venue motion; $2500 attorney’s fee order affirmed for frivolous change of venue motion.
  • Order granting change of venue reversed due to insufficient showing by moving party.


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