Venue and Forum Non Conveniens

• Author: Robert F. Kane/Donald G. Rez
• Pages: 455-492

Chapter 8

Venue and Forum

Non Conveniens

QUICK VIEW

Definitions: Venue means the geographic location (county) where an action is heard. Often, venue may properly

lie in more than one county. In those cases, the choice of venue is plaintiff’s.

In certain types of cases, special venue statutes require plaintiff to sue in a particular county. In cases not covered

by a special venue statute, plaintiff may sue in the county in which any defendant resides.

If plaintiff selects an improper venue, defendant may move to have the case transferred to a proper venue. Even

if the selection is proper, defendant may request the court change venue to promote witness-convenience and the

ends of justice, or to obtain an impartial trial.

Scope of Chapter: Significance of venue; venue statutes; venue selection; challenging improper venue; forum

non conveniens.

Strategies and Tactics: In theory, venue considerations should promote convenience, economy, and fairness. In

practice, however, plaintiffs use venue selection to pick a forum advantageous for them and onerous for defen-

dants, thereby enhancing plaintiffs’ prospects for settlement and award. Thus defendants must be ready to invoke

remedial procedures for transfer, if warranted.

Statutes and Rules: CCP §§392-403, 410.30-410.40.

Related Topics: Personal Jurisdiction, Ch 7; Pleadings, Ch 13; Motion Practice, Ch 14.

Forms in Digital Access: See digital access for the following forms:

• Form 7:40 Notice of Motion to Quash Service of Summons for Lack of Personal Jurisdiction or to Stay

Action on Ground of Forum Non Conveniens [Breach of Contract].

• Form 7:50 Memorandum of Points and Authorities in Support of Motion to Quash Service of Summons for

Lack of Personal Jurisdiction or to Stay Action on Ground of Forum Non Conveniens [Breach of Contract].

California Pretrial Practice & Forms 8-2

• Form 7:60 Declaration in Support of Motion to Quash Service of Summons for Lack of Personal

Jurisdiction or to Stay Action on Ground of Forum Non Conveniens [Breach of Contract].

• Form 8:10 Notice of Motion and Motion to Change Venue.

• Form 8:20 Memorandum of Points and Authorities in Support of Motion to Change Venue.

• Form 8:30 Declaration in Support of Motion to Change Venue.

• Form 8:40 Opposition to Motion To Change Venue.

• Form 8:50 Memorandum of Points and Authorities in Opposition to Motion to Change Venue.

• Form 8:60 Declaration #1 in Opposition to Motion to Change Venue.

• Form 8:70 Declaration #2 in Opposition of Motion to Change Venue.

• Form 8:80 Declaration #3 in Opposition of Motion to Change Venue.

• Form 8:90 Declaration #4 in Opposition of Motion to Change Venue.

• Form 8:100 List of Witnesses Who Would be Inconvenienced by Change of Venue.

• Form 8:110 Statement of Objections to Declaration in Support of Motion to Change Venue.

• Form 8:120 Supplemental Declaration in Opposition to Motion to Transfer Venue.

• Form 8:130 Reply to Opposition to Motion to Change Venue.

• Form 8:140 Memorandum of Points and Authorities in Reply to Opposition to Motion to Change Venue.

• Form 8:150 Declaration in Reply to Opposition to Motion to Change Venue.

• Form 8:160 Order re Change of Venue.

• Form 8:170 Stipulation and Order for Change of Venue.

8-3 Venue and Forum Non Conveniens

TABLE OF CONTENTS

I. OVERVIEW

A. GENERAL POINTS

§8:01 Meaning and Purpose

§8:02 Venue Is Not Jurisdictional

§8:03 Compare: Personal Jurisdiction

§8:04 Local and Transitory Actions Distinguished

§8:05 Venue Determined by Complaint

§8:06 Venue Selection Clause

B. SIGNIFICANCE OF VENUE

§8:10 Basic Strategy

§8:11 Home-Turf Advantage

§8:12 Client Convenience

§8:13 Witness Accessibility

§8:14 Favorable Precedent In Appellate District

§8:15 Demographics

§8:16 Notoriety

§8:17 Trial Scheduling and Backlog

II. DETERMINING PROPER VENUE

A. LOCAL ACTIONS

1. Real Property

§8:30 General Rule: County Where Real Property Is Situated

§8:31 Proper Location for Unlawful Detainer Actions

§8:32 Transfer Required

§8:33 Special Pleading Requirements

§8:34 Eminent Domain Actions

2. Family Law Actions

§8:40 Dissolution and Legal Separation

§8:41 Child Support

3. Estates and Trusts

§8:50 Suit Against Executors or Guardians

§8:51 Suit Against Trusts

4. Other Local Actions

§8:60 Penalty or Forfeiture

§8:61 Dissolution of Corporation

B. TRANSITORY ACTIONS AGAINST INDIVIDUALS

1. Venue Proper at Defendant’s Residence

§8:70 General Rule

§8:71 When Defendants Reside in Different Counties

§8:72 When All Defendants Are Nonresidents or Their Residence Is Unknown

§8:73 Improper and Sham Joinder of Defendants

§8:74 Joinder of Judgment Debtor

§8:75 Joinder of Local and Transitory Action

2. Venue Proper at Defendant’s Residence and Elsewhere

a. Contract Actions

i. General Rule

§8:80 Venue Options

ii. Special Venue Rules for Certain Consumer Actions

§8:90 Products and Credit for Personal, Family, or Household Use

§8:91 Retail Installment Sales

§8:92 Rees-Levering Motor Vehicle Sales and Finance Act