Venue

Question 1

Venue: Sec 1341

Answer 1

• Where the claim will be heard; place of trial

* **CA: which county

Question 2

Venue: rule

Answer 2

1. all Ds reside
2. claim arose

If neither 1 nor 2 provide venue, then:

• diversity–any district where any D subject to PJ
• federal question–any district where any D can be found

Corporation: residence any district where subject to PJ at time action commenced

Question 3

Venue: CA rule

Answer 3

GR: turns on type of action (classification made at outset of lawsuit, based on allegations in complaint)

Local Action: real property type claims; venue is in that county

Transitory Action: everything else; venue in county of any D’s residence at commencement of action OR where breach/injury occurs (or if K–where made)

Mixed Action: two or more claims or Ds governed by different venue provisions; venue is proper in any of the counties dictated by the rules for those claims
*Note: a special statutory venue provision normally trumps the general venue rules (would have to be provided in fact pattern)

Question 4

Challenging Improper Venue

Answer 4

• pre-answer motion (12(b)) or Answer to Complaint–if neither, it is waived
  
  • **CA: venue challenged by motion to stay/dismiss action

-if removal–removed from state court goes to federal court of district where state action was pending

Question 5

Change of Venue: Forum Non Conveniens (inconvenient forum)

Answer 5

CL discretion to dismiss even if forum proper, because very inconvenient; burden on D
Factors:
-convenience of parties
-location of the witnesses
-location of the evidence
-state interest
-foreign interest

Forum non conveniens used when desired venue is OUTSIDE court’s jurisdiction:
Fed: foreign country
CA: outside CA or foreign country

Question 6

Change of Venue: Sec 1404 Transfer

Answer 6

BLL: Court may transfer a suit to any other district where the suit originally might have been brought, for the convenience of the parties and interests of justice. It is NOT a dismissal–just a transfer

***CA: no requirement that the transfer be to a court in which it originally could have been brought. Fed can transfer across state lines; CA CANNOT.

Question 7

Change of Venue: Sec 1404 Factors

Answer 7

Main:

• “ends of justice” require AND there is an alternate forum; OR
• all parties consent

Other:

• residence of parties
• location of witnesses
• costs
• access to evidence
• enforceability of judgment

Question 8

Change of Venue: CA Distinction

Answer 8

• venue allocates the county where action will be heard–strong presumption in favor of P’s choice
• forum non conveniens governs state or country–equitable discretionary doctrine with factors:
  
  • suitable alternate forum (threshold)
  • private interests of litigants (expense, availability of Ws)
  • public interest in keeping suit in CA
• CA court must either dismiss or stay the action
  
  • proponent (D or P) has burden of proof to show another state or county preferable

Question 9

CA: may change place of trial when

Answer 9

• court designated in complaint is not proper; OR
• impartial jury cannot be had therein; OR
• no judge qualified to act; OR
• in dissolution of marriage, to repondent’s county (in some circumstances); OR
• convenience of witnesses (endangerment to health) (*Note: fed includes parties as well)
  
  • must appear that Ws will testify to relevant and material facts; AND
  • Ws will be inconvenienced; AND
  • ends of justice will be promoted by change

Question 10

CA courts may also grant a stay

Answer 10

• to discourage multiple litigations designed solely to harass
• to avoid conflicts with other courts
• when rights of parties can best be determined by court of another jurisdiction