Venue CA Flashcards
What is a Local Action
A local action is a case for recovery of land, determination of an interest in land, or to recover for injury to land (including trespass).
In a local action, venue is in the county where the land lies.
Residential Venue: Federal v. CA
In CA state courts, venue is proper in the California county in which ANY defendant resides.
In federal court, for venue to be fixed on the basis of a defendant’s residence, all defendants must reside in the same state.
What is a Transitory Action? What is the rule?
A transitory action is one that’s not a local action.
The general rule is: Venue is OK in a county where any defendant resides when the case is filed
Where is Venue proper in a contract case? CA
Venue is OK in a county where any defendant resides when the case is filed.
Venue is ALSO ok in the county where the contract was entered into or to be performed.
Where is Venue proper in Personal Injury or Wrongful Death Cases? CA
Venue is OK in a county where any defendant resides when the case is filed.
Venue is ALSO ok in the county where injury occurred.
Where is Venue proper in an Action Against a Corporation or Unincorporated Business? CA
If the defendant is a corporation, venue is OK in the county where:
(1) it has its principal place of business (“PPB”),
(2) it entered into or is to perform a contract,
(3) the breach occurred or liability arises.
If the defendant is an unincorporated business, venue is OK in county of PPB if that is on file with secretary of state. Otherwise, venue is where any member or partner resides.
Where is Venue proper in an Action Against Nonresidents of California?
Venue is OK in any county.
BUT if there is a California resident defendant, venue must be proper as to him.
Where is Venue proper in Mixed cases (where more than one county is the proper venue)?
Focus on the main relief sought.
Where can a CA state court transfer a case to? Where can they NOT transfer a case to?
Can transfer from the Superior Court in one county in California to the Superior Court in another county in California.
A California state court cannot transfer a case to a different state.
Transfer of Venue when the Original Venue is Improper
If the original venue is improper, the defendant can move to transfer to a proper county. It must be made with or before the answer, demurrer, or motion to strike.
Transfer of Venue when the Original Venue is Proper
A court may, on motion, transfer if:
(1) There is reason to believe impartial trial cannot be had in the original venue,
(2) Convenience of witnesses and ends of justice would be promoted, or
(3) No judge is qualified to act.
If the court grants the motion under this statute, it transfers to a county on which the parties agree. If the parties do not agree, the court chooses a county.
Venue Selection Clauses in CA
California courts enforce “reasonable” forum selection clauses that call for the action to be tried in another state.
Venue selection clauses will be upheld only if the chosen venue would otherwise have been permissible under an applicable statute.
What is an “inconvenient forum”
SAME AS FEDERAL RULE:
“Inconvenient forum”: where a court dismisses or stays because the far more convenient and appropriate court is in a different judicial system (same as federal rule)
Procedure for Inconvenient Forum Motion
(Forum Non-Conveniens)
State courts may dismiss or stay on motion (by a party or by the court).
To order a dismissal or stay, the court must find that “in the interest of substantial justice an action should be heard in a forum outside [California].” The court considers these factors (same as Federal court):
- What law applies
- What community should be burdened with jury service,
- Desire to keep a local controversy in a local court
- Where the defendants and evidence are found
If the court grants the motion, it may do so on condition (e.g., P waives PJ or SoL objections in the other forum)
