Venue

Question 1

venue generally

Answer 1

1. must lay venue in appropriate county

Question 2

Venue– local action

Answer 2

land cases

i. cases for recovery of land, or determinations of interests in land, or injury to land
ii. lay venue in the county where land lies

Question 3

Venue– transitory action

Answer 3

any action that is not a local action
• resides, entered, performed, occurred

i. venue can be laid in a county:
a. where any defendant resides when the case is filed, or
b. where contract was entered or to be performed (K cases), or
c. where the injury occurred (personal injury or wrongful death cases)

ii. corporations: venue can be laid in a county
a. where corporation has its principal place of business (not where incorporated), or
b. where contract was entered or to be performed, or
c. where breach occurred or liability arises

iii. unincorporated business:
a. venue is proper in county of principal place of business on file with secretary of state
b. otherwise, where any member or partner resides

iv. if defendants are all non-residents of CA, venue is proper in any county
a. if even one defendant is a CA resident, venue must be proper as to that defendant

Question 4

Venue – mixed cases

Answer 4

plaintiff joins defendants or types of relief calling for different venues

i. use the rule that applies for main relief sought
ii. main relief: the most important claim from plaintiff’s view

Question 5

Transfer of venue

Answer 5

1. proper original venue: transfer okay if
   i. for convenience of parties and in the interest of justice (same as federal test), or
   ii. reason to believe no impartial trial could be had in the original venue, or no judge is qualified to act in the present county
   iii. note: new venue is where parties agree, and court chooses county if parties can’t agree
2. improper original venue
   i. defendant can motion to transfer to proper county
   ii. motion must be with or before answer, demurrer, or motion to strike
3. venue selection clause: valid if reasonable, but only enforced it specifies a proper venue
   i. enforced if the selected venue is a proper venue, otherwise not enforced
   ii. aka. forum selection clause
4. inconvenient forum (forum non conveniens)
   i. when case is dismissed or is stayed because a far more convenient foreign venue exists
   a. more convenient court in a foreign state or country
   ii. CA statute: state courts may dismiss or stay on motion (by a party or sua sponte) in the interest of substantial justice
   a. same public and private factors as in federal court
   b. court may require defendant to submit to personal jx in the foreign forum
   iii. can be used if CA Sup. Ct. is not the proper venue (ex. valid forum selection clause says venue must be in Maine)