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| Transfer Venue Motions | |
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Superior
Court of California
Orange County
Distinguished From Motion For Inconvenient Forum
This module covers motions to transfer based on improper venue, rather than convenience of the parties or witnesses. more... see
Motion Based On Improper Court
When a motion to transfer venue is brought on the grounds that the action was filed in an more...
Motion Based On Convenience of Witnesses
When a motion to transfer venue is brought on the grounds that the convenience of witnesses and the more...
Service of Motion Papers
Personal Service 16 Days Before Hearing
If papers are served by personal service, service must be made at least 16 court days before the more...
Extensions For Traditional Mail Service
If service is made by mail, service must be made at least 16 courts days before the hearing, more...
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Extensions For Facsimile or Express Mail Service
There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...
Extension for Electronic Service--2 Court Days
If a document is served electronically, any period of notice, or any right or duty to act or more...
Calculating the Deadline
The time in which any act provided by law is to be done is computed by excluding the more...
If the last day for the performance of any act provided or required by law to be performed more...
If any city, county, state, or public office, other than a branch office, is closed for the whole more...
Order Shortening Time
The court, on its own motion or on application for an order shortening time supported by a declaration more...
Scheduling the Hearing
Some judges require reservation of hearing dates. Reservations may be made by contacting the courtroom of the judge who will hear the motion. more...
Complex Actions -- Meet and Confer Required
Prior to the hearing of any motion, petition or application, except applications to appear pro hac vice and more...
Counsel for the moving party shall arrange the conference to meet and confer and, at least 10 calendar more...
Grounds-Improper Court and Convenience
Motions to transfer venue may be brought on the grounds that the action was filed in the wrong more...
Other Grounds
Other statutory grounds for discretionary transfer of venue include: more...
1. Reason to believe that an impartial trial cannot be had; more...
2. No judge qualified to act; and more...
3. The convenience of spouses in marital dissolution, annulment, and separation proceedings if both spouses have moved from the more...
Required Showing-Case Law Research Necessary
Case law establishes requirements and the necessary showings for successful motions to transfer venue in addition to the more...
Wrong Court Motion-Determining Propriety Of Venue
The weight of case law authority establishes that venue is determined at the outset of an action based more...
The General Rule
"Except as otherwise provided by law and subject to the power of the court to transfer actions or more...
Improper Defendants
If any person is improperly joined as a defendant or has been made a defendant solely for the more...
Out-Of-State Defendants Or Residence Unknown
If none of the defendants reside in the state, or if the county in which they reside is more...
Corporate Contract Actions
Venue is proper in any of the following counties: more...
1. Where the contract is made or is to be performed; more...
2. Where the obligation or liability arises; more...
3. Where the breach occurred; or more...
4. Where the corporation's principal place of business is located. The court retains discretionary authority in these actions to change the place of trial. more...
Individual Breach of Contract Actions
Venue is proper in any of the following counties: more...
1. Where the obligation is to be performed; more...
2. Where the contract was entered into; or more...
3. Where the defendant's residence is located. . Please note that the county in which the obligation is incurred will constitute the county where the contract more...
Actions Involving Unincorporated Associations
If an unincorporated association has filed a statement with the Secretary of State pursuant to Corporations Code 24003 more...
Actions Involving Real Property
Venue is proper in the county in which the real property that is the subject of the action, more...
1. Recovery of real property or an estate or interest therein; more...
2. Determination in any form of a right or interest in that real property and for injuries to it; more...
3. Foreclosure of all liens and mortgages on real property.. more...
Unlawful Detainer
In unlawful detainer proceedings, the proper court for trial is the location in which the court tries that more...
Actions Involving Personal Injury, Death, and Personal Property
In actions involving personal injury, death, or injury to personal property, venue is proper in the county where: more...
1. The defendant resides; or more...
2. The injury or death occurred. more...
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Marital Dissolution, Nullity of Marriage, and Legal Separation
In dissolution of marriage proceedings, venue is proper in the county where either spouse has been a resident more...
Child Support
In actions to enforce child support obligations, venue is proper in the county in which the child resides. more...
Certain Consumer Obligations
In actions arising from an offer or provision of goods, services, loans, or extensions of credit intended primarily more...
1. In fact signed the contract; more...
2. Resided at the time the contract was entered into; or more...
3. Resides at the commencement of the action. more...
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These same rules apply to actions arising from a transaction consummated as a result of either an unsolicited more...
If a county has branch courts in which these types of cases are tried, the proper court is more...
No Waiver
The venue rules provided in Code of Civil Procedure 395(b) cannot be waived. . more...
Certain Probate Actions
When a defendant is sued in an official or representative capacity as executor, administrator, guardian, conservator, or trustee more...
Convenience of Witnesses and Ends of Justice Grounds
Courts have discretionary authority to change the place of trial on motion when "the convenience of witnesses and more...
All Purpose Assignment to Judge
Cases which are subject to civil case management will be randomly assigned to a judicial officer for all more...
Caption
Demurrer
A demurrer must state, on the first page below the number of the case, the name of the more...
Subsequent Papers
On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...
Additional Information
The first page of the motion or demurrer must specify, immediately below the number of the case, the more...
Local Rule Regarding Designation of Judicial Officer and Other Information
All documents filed in cases subject to civil case management, with the exception of the original summons and more...
ASSIGNED FOR ALL PURPOSES TO: more...
JUDICIAL OFFICER (insert name) more...
DEPARTMENT (insert no.) more...
In addition, the face page of any subsequent document must also designate the nature of the document, the more...
Notice of Motion
Every motion must include a written notice of motion that sets forth when and where the motion will more...
Request for Sanctions
In motions to transfer venue on improper court grounds, a court may order the losing party to pay more...
Motion
Motion papers must include "the motion itself." . A motion must identify the moving party and the party to whom it is addressed, describe the basis more...
Memorandum of Points and Authorities
Required
Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...
Content
The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...
15 Page Limit on Briefs
Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...
Table of Contents
A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...
Summary of Argument
A memorandum that exceeds 15 pages must also include an opening summary of argument. . (renumbered 1/1/07) more...
Citations to Authority and Exhibits
Case citations must include the official report volume and page number and year of decision. . more...
A judge may require that authority from outside California be lodged with the papers that cite the authority more...
References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...
Reference to Previously Filed Papers
Any paper previously filed must be referred to by date of execution and title. . more...
Style of Citations
Citations to cases and other authorities in all documents filed in the courts must be in the style more...
Preemption of Local Rules
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...
Additional Requirements
Orange County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...
Written
Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...
Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...
Request To Present Testimony
A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...
Declarations
Orange County SmartRules procedural guide: DECLARATIONS. more...
Judicial Notice
Orange County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...
Deposition Testimony
The first page of any deposition testimony used as an exhibit must state the name of the deponent more...
Proposed Order
A proposed order must be lodged and served as a separate document. . (renumbered 1/1/07) Orange County SmartRules procedural guide: more...
Complex Cases -- Meet and Confer Statement
Prior to the hearing of any motion, petition or application, except applications to appear pro hac vice and more...
Counsel for the moving party shall arrange the conference to meet and confer and, at least 10 calendar more...
Filing
Method
Orange County SmartRules procedural guide: FILING DOCUMENTS. more...
Complex Civil Actions -- Electronic Filing Mandatory
Electronic filing is mandatory for all complex cases in Orange County Superior Court. more...
For more detailed information requirements, Orange County SmartRules procedural guide: FILING DOCUMENTS. more...
Filing Fee
The Orange County fee schedule is online at . more...
Proof of Service
Proof of service of moving papers must be filed no later than 5 court days before the hearing more...
Service
On Each Party
A copy of the document must be served on the attorney for each party separately represented, and on more...
On Attorney of Represented Party
Service must be made on the party's attorney if the party is represented. . more...
Parties Responsible for Electronic Service
Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...
Traditional Service Required for Nonparty
A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...
Fax Service--Agreement Required
Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement more...
Fax Service--Service on Last Given Fax Number
Any notice or other document to be served must be transmitted to a fax machine maintained by the more...
Appearance at the Hearing
A party may give notice that he or she will not appear at a law and motion hearing more...
Matter Not To Be Heard
The moving party must immediately notify the court if a matter will not be heard on the scheduled more...
Tentative Rulings
Those tentative rulings which are posted on the Internet may be viewed at . In addition, tentative rulings more...
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Telephonic Appearance
Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). Orange County SmartRules procedural guide: more...
Local Rule Re Telephonic Appearances
Notification that a party will appear telephonically must be made in accordance with rule 3.670, California Rules of more...
Individual departments will advise the parties whether telephone calls are to be placed directly to the department or more...
Ruling and Order
A proposed order must be lodged and served as a separate document. . (renumbered 1/1/07) Orange County SmartRules procedural guide: more...
Procedure Following Denial of CCP 396b Motion
Following denial of a motion to transfer under Code of Civil Procedure section 396b, unless otherwise ordered, 30 more...
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