Venue

Question 1

What is a local action?

Answer 1

A dispute over real property

Question 2

Where is venue property for local actions?

Answer 2

In the county where the property is located

Question 3

What are transitory actions?

Answer 3

Ones where claims arose anywhere

Question 4

Where is venue proper for transitory actions?

Answer 4

Any county defendant resides when action begins

Question 5

Venue is proper in any county when…

Answer 5

No defendant resides in California

Question 6

Where is venue proper for contract cases?

Answer 6

The county where the contract is executed or performed

Question 7

In torts cases (personal injury or wrongful death), where is venue proper?

Answer 7

The county where the harm occurred

Question 8

In CA state courts, transfer of venue is allowed if one of which four conditions are met?

Answer 8

1. Improper venue
2. Proper venue but fair trial cannot be had in original county
3. Proper venue but more convenient for witnesses and justice requires it
4. No judge is qualified to act

Question 9

What is the two-part test for forum non conveniens in CA state court?

Answer 9

If 1. the action should be held outside the state in the interest of substantial justice, and
2. the alternative forum is suitable (ex. D subject to PJ there), then…

Court may stay or dismiss the action (in whole or in part) (usually stayed)