PRETRIAL ADJUDICATION
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Jurisdiction & Venue
......Venue: Change of
13 Cards On This Topic:
Showing required in change of venue motion made for ends of justice or convenience of witnesses.
Change of venue: general grounds.
Venue may be changed to county in state where respondent resides.
Venue may be changed when both parties have moved from county.
Fees, payable by attorney, may be awarded prevailing party in change of venue motion.
In a multi-D case, an answer must be filed by ••all•• Ds before the trial court may consider opposition to a motion to transfer venue.
Golden Gate Bridge Dist., a local agency sued in San Joaquin County where P was situated but Golden Gate was not, was entitled to transfer venue to neutral county per CCP 394.
Contractual provision purporting to waive D's right to transfer action to neutral county is invalid.
Code Civ. Proc. §394 applies to cross-complaints; consulting firm not "doing business in" Contra Costa County and is entitled to change of venue.
No transfer of venue where action brought by county public guardian in its role as conservator, not in its role as county agency.
Action against county for personal injuries occurring there must be brought in that county; county may request venue to be transferred from county where suit originally filed.
Convenience of counsel is not permissible basis for change of venue motion; $2500 attorney’s fee order affirmed for frivolous change of venue motion.
Order granting change of venue reversed due to insufficient showing by moving party.