Place of Trial in California Civil Actions

Code of Civil Procedure Part 2, Title 3, Chapter 1, deals with the place of civil trials. Section 392 states that, subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property that is the subject of the action, or some part, is situated, is the proper court for the trial of specified actions.

Section 393 specifies that, subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some part of the cause, arose, is the proper county for the trial of specified actions.

Section 394 allows an action or proceeding against a county, a city, or local agency, to be tried in the county, or the county in which the city or local agency is situated, unless the action or proceeding is brought by a county, or city and county, a city, or local agency, in which case it may be tried in any county, or city and county, not a party and in which the city or local agency is not situated. The term “local agency” is defined.

Section 395 provides that the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.

In a proceeding for dissolution of marriage, the superior court in the county where either the petitioner or respondent has been a resident for three months next preceding the commencement of the proceeding is the proper court for the trial of the proceeding. 

Section 395.1 provides that, when a defendant is sued in an official or representative capacity as executor, administrator, guardian, conservator, or trustee on a claim for the payment of money or for the recovery of personal property, the county which has jurisdiction of the estate which the defendant represents is the proper county for the trial of the action.

Section 395.2 specifies that, if an unincorporated association has filed a statement with the Secretary of State designating its principal office in this state, the proper county for the trial of an action against the unincorporated association is the same as it would be if the unincorporated association were a corporation.

Section 395.5 allows a corporation or association to be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.

Section 396 prohibits any appeal or petition in the superior court to be dismissed solely because the appeal or petition was not filed in the proper state court. Moreover, if the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition is transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction.

Section 396a deals with proceedings for an unlawful detainer. The plaintiff is required to state facts in the complaint, verified by the plaintiff’s oath, or the oath of the plaintiff’s attorney, or in an affidavit of the plaintiff or of the plaintiff’s attorney filed with the complaint, showing that the action has been commenced in the proper superior court.

Section 396b provides that, if an action or proceeding is commenced in a court having jurisdiction of the subject matter, other than the court designated as the proper court for the trial, under this title, the action may be tried in the court where commenced, unless the defendant, files with the clerk a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers.

Section 397 allows the, on motion, to change the place of trial in the five specified cases.

Section 397.5 states that, in any proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be transferred to the county of residence of either party.

Section 398 says that, if a court orders the transfer of an action or proceeding for a specified cause, the action or proceeding must be transferred to a court having jurisdiction of the subject matter of the action upon agreement of the parties by stipulation in writing, or in open court and entered in the minutes or docket. If the parties do not so agree, the action or proceeding is to be transferred to the nearest or most accessible court where the like objection or cause for making the order does not exist.

Section 399 provides that, if an order is made transferring an action or proceeding under any provision of this title, the clerk must, after expiration of the time within which a petition for writ of mandate could have been filed, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers of the action or proceeding, or, if the pleadings are oral, a transcript of the pleadings, to the clerk of the court to which the action or proceeding is transferred.

Section 400 provides that, when an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring trial of the case in the proper court.

The petitioner is required to file a copy of the petition in the trial court immediately after the petition is filed in the court of appeal. The court of appeal may stay all proceedings in the case, pending judgment on the petition becoming final. The clerk of the court of appeal must file with the clerk of the trial court, a copy of any final order or final judgment immediately after the order or judgment becomes final.

Section 401 states that, whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission, bureau, officer or other agency may be commenced and tried in any city or city and county of this State in which the Attorney General has an office.

Section 402 provides that a superior court may specify by local rule the locations where certain types of actions or proceedings are to be filed, heard, or tried. A superior court may not dismiss a case, and the clerk may not reject a case for filing, because it is filed, or a person seeks to file it, in a court location other than the location specified by local rule. However, the court may transfer the case on its own motion to the proper court location.

Section 403 allows a judge, on motion, to transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of fact or law. The motion must be supported by a declaration stating facts showing that the actions meet the specified standards, are not complex as defined by the Judicial Council and that the moving party has made a good faith effort to obtain agreement to the transfer from all parties to each action.