Venue Flashcards
Venue, Strategy
When the issue of change of venue arises, always discuss whether venue is proper in both the original venue chosen and the proposed changed venue.
Federal Venue
Proper where:
(1) any defendant resides, if all defendants reside in the same state;
(2) in a judicial district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property involved is situated, or if neither of those applies,
(3) for actions based solely on diversity, venue is proper in any district in which any defendant is subject to personal jurisdiction at the time the action is commenced, and, for actions not based on diversity, any district in which any defendant can be found.
Residence Rules for Venue (Federal)
Residence of a person is based on domicile.
Residence for a corporation is based on where they are subject to personal jurisdiction.
California Venue
A local action is one involving title to property. Venue is appropriate in the county in which the property is located. All other actions are transitory, and venue is proper in any county in which any defendant resides at the commencement of the action. In addition, venue in contract actions is also proper in the county in which the obligation is to be performed or the contract was entered into, and venue in personal injury and wrongful death actions is also proper in the county in which the injury occurred.
California Venue for Mixed Actions
In mixed actions, venue is proper where any defendant resides.
California Residence Rules for Corporations
If the defendant is a corporation, venue is proper in the county in which the obligation is to be performed or the contract was entered into, in which the breach occurs, or in which the corporation has its principal place of business.
Forum non Conveniens
Even if venue is proper, is it so inconvenient that the court should dismiss the case? A discussion of FNC centers on public factors (availability of alternative forum, plaintiff’s choice of forum, forum state’s interest) and private factors (convenience of parties and witnesses, location of evidence, where cause of action arose).
