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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Motion to Transfer Venue

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 Orange

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 Overview

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...

.

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

Within 20 days after service of the responsive pleading by the first responding and thereafter as each defendant more...

Where necessary in multi-defendant cases, and upon a showing of good cause, the parties may apply f or more...

The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive more...

Failure to comply with the requirements of this rule may result in sanctions pursuant to Rule 381. more...

.

Orange County Complex Civil Case Guidelines, available online at: . more...

 Rules and Requirements

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...

 

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...

Individual Breach of Contract Actions

Venue is proper in any of the following counties: 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...

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...

.

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...

.

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...

 MOVING PAPERS

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...

A notice of motion must state in the opening paragraph the nature of the order being sought and 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, briefly state the 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...

To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. 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. . 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...

 Evidence

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...

 Additional Documents

Proposed Order

A proposed order must be lodged and served as a separate document. . 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...

To discuss facts which are presently available to support the allegations of the pleadings filed by each party. more...

To discuss possible settlement of the action including possible arbitration. more...

To exchange preliminary schedules of discovery. more...

Where necessary in multi-defendant cases, and upon a showing of good cause, the parties may apply f or more...

The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive more...

Failure to comply with the requirements of this rule may result in sanctions pursuant to Rule 381. more...

.

Orange County Complex Civil Case Guidelines, available online at: . more...

 FILING AND SERVICE

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...

 Hearing and Disposition

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...

.

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Orange County SmartRules procedural guide: REQUEST FOR TELEPHONIC APPEARANCE. more...

Local Rule Re Telephonic Appearances

Notification that a party will appear telephonically must be made in accordance with . 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. . Orange County SmartRules procedural guide: more...

Procedure Following Denial of

Following denial of a motion to transfer under CCP 396b, unless otherwise ordered, 30 calendar days are deemed more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior