Venue

Question 1

Where is venue proper in California?

Answer 1

Venue is proper where the defendant resides; in contract actions where contract was entered or performed; in personal injury and wrongful death actions where injury occurred; Local actions (where the injury to land occurred) must be brought where the property is located.

Question 2

Where is venue proper for a corporation in California?

Answer 2

Where their principal place of business is located, entered into or is to perform a contract, OR location where the breach occurred or liability ensued.

Question 3

What if all defendant’s are not a resident of CA?

Answer 3

Venue is proper in any county unless there is one CA defendant then venue is proper only in the county the defendant lives in

Question 4

Where is venue proper when the cause of action calls for two different types of relief in two different forums?

Answer 4

Venue is proper where the main relief is sought

Question 5

What happens if the original venue is improper?

Answer 5

Motion to transfer due to improper venue must be made with or before an answer, demurrer or motion to strike

Question 6

If venue is proper, what may happen to transfer venue?

Answer 6

If original venue is proper, court may on motion, transfer if: (1) there is reason to beleive an impartial trial can be had in the OG venue, (2) convenience of witnesses and ends of justice would be promoted, OR (3) No judge is qualified to act