A Code of Civil Procedure section 397(c) motion for change
of venue in California is the topic of this blog post. A motion under Code of
Civil Procedure section 397(c) is filed on the grounds that both the
convenience of witnesses and the ends of justice would be promoted by the
change of venue.
Code of Civil Procedure § 397 states in pertinent part that
“The court may, on motion, change the place of trial in the following cases:
(c) When the convenience of witnesses and the ends of
justice would be promoted by the change.”
A motion filed under Section 397(c) is a very powerful
motion if filed in the correct situations as the court has the power to modify the
choices of the parties as to where the action should be tried. Plaintiff may
have the right to file wherever venue is considered proper under the relevant
venue statutes but the court still has the discretion to order a change of
venue if trying the case locally would be seriously inconvenient to the
witnesses and defeat the ends of justice.
A motion under section 397(c) can also be used against a defendant who
has successfully changed the original venue of the case, in such cases the
transferee court has the power to change venue to the original venue or another
county altogether so long as the convenience of witnesses and the ends of
justice would be promoted by the change of venue.
Any motion for change of venue in California filed under
Code of Civil Procedure section 397(c) should not be filed until after an answer to the complaint has
been filed so that the court can determine exactly what issues are raised by
the complaint and the answer. The term
witnesses refers only to non-party witnesses unless a party is so extremely ill
or feeble so that travel to a distant county would endanger his or her health.
See Simonian v. Simonian (1950) 97 Cal.App.2d 68, 69.
Note that the motion should be filed within a reasonable
period of time after the answer has been filed as the California Supreme Court
has stated that what constitutes a "reasonable" time for filing a
motion for change of venue under Code of Civil Procedure § 397 rests largely in
the trial court's discretion. See Cooney v. Cooney (1944) 25 Cal.2d 202, 208.
A California Court of Appeal has stated that the convenience
of witnesses can be shown by the fact that the residence of all of the
witnesses is in the same county to which the transfer is requested. That same Court of Appeal also stated that the
trial court in making a determination that the ends of justice will be promoted
by a change of venue can rely not only on the direct facts set forth in the
affidavits but can also rely on any reasonable and relevant inferences that
arise therefrom.
The scope of a motion for change of venue under section 397
is broad as Section 397 applies to any action or proceeding within its terms .
. . even actions under statutes (e.g., FEHA) giving plaintiff the broadest
possible choice of venue. See Richfield Hotel Management, Inc. v. Sup.Ct.
(Riddell) (1994) 22 Cal.App.4th 222, 225.
Attorneys or parties
in California who would like to view a portion of a sample 10 page motion for
change of venue under CCP section 397(c) containing brief instructions, a
memorandum of points and authorities with citations to case law and statutory
authority, sample declaration and proof of service by mail sold by the author
can use the link shown below.
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.
If you are in need of assistance with any California or
Federal litigation matters, Mr. Burman is available on a freelance basis. Mr.
Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information.
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DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post
have been prepared by Stan Burman for informational purposes only and are not
legal advice. Transmission of the information contained in this blog post is
not intended to create, and receipt does not constitute, any business
relationship between the author and any readers. Readers should not act upon
this information without seeking professional counsel.
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