CA Venue Flashcards
CA Venue
Venue is proper in any county where:
(1) ANY DEFENDANT RESIDES when the case is filed;
(2) the K was formed or was to be performed;
(3) the injury occurred; OR
(4) corp D’s PPB or where breach occurred.
For non-resident Δs, venue is permitted anywhere in CA.
Transfer of Venue CA to CA court
When improper
Transfer of Venue (CA court à CA court)
Transfer moves a case between superior courts in different counties.
If original venue was improper, D can move to transfer to a proper county.
Ds motion must be made with or before his responsive pleading.
If original Venue is proper (CA to CA)
If original venue was proper, the court may transfer on motion, if:
(1) there is reason to believe an impartial trial cannot be held in original venue,
(2) convenience of the witnesses & ends of justice would be promoted by
transfer, or
(3) no judge is qualified to act in the original venue.
If the court determines transfer is appropriate, the case will be transferred to a county agreed upon by the parties.
If the parties cannot agree, the court will choose.
Forum non conveniens
If action should be held outside the state in the interest of substantial justice and alternative forum is suitable (D is subject to PJ there), then court may stay/dismiss the action in whole or in part (usually stayed)
CA “Inconvenient Forum”
CA “Inconvenient Forum”
Court may dismiss or stay a case where there is a far more appropriate and convenient court in another legal system.
This arises when in the interest of substantial justice, the case should be heard in a forum outside of CA.
The court will consider the same public & private factors as in federal court & if the court grants the motion, it may be on certain conditions (i.e. that Δ
waives IPJ or SOL in the other forum).
CA Transfer of Venue is allowed if…
CA Transfer of Venue is allowed if:
1) improper venue or
2) proper venue but
i) fair trial cannot be had in orignial coutny,
ii) more convenient for witnesses and justice requires it or
iii) no judge is qualified to act
Proper summons/Service of Process
Service of summons and complaint can be made by anyone 18 years old who is not a party.
Personal service is adequate
SUBSTITUTED SERVICE IS ALLOWED if personal service cannot be accomplished with reasonable diligence.
The process must be mailed by first class mail service
Service on parities in foreign country can also be done as the court directs, or in accordance with the laws of the foreign jurisdiction, or in accordance with the rules of an international treaty.
CA Subject Matter JDX
3 classifications
Limited–$25K or less (P must label case), P cannot have judgment for more than $25K
Unlimited– Exceeds $25K
Small Claims–If P is individual, $7500 or less; if P is entity, $5K or less
CA Subject Matter JDX
Reclassifications
1) P amends =automatic reclassification by clerk; amendment from limited to unlimited. P pays fee.
2) Party can reclassify OR court can on its own motion (NOTICE REQUIRED!!!)
3. ) Court reclassification occurs if judge is convinced matter will necessarily result in a verdict in $25K or less; or possibility of a verdict exceeding $25K
Aggregation
In order to meet the requisite jurisdictional amount, a plaintiff may aggregate two or more claims against a single defendant or aggregate a joint claim against different defendants (as in the case of joint tortfeasors).
Value of Equitable Relief
In situations where the plaintiff is seeking equitable relief (such as an injunction) as opposed to monetary damages, courts will look either to:
(1) the VALUE OF HARM SUFFERED by plaintiff; or
(2) the COST OF COMPLIANCE with the order for equitable relief.
