Header October 3, 2024 ************************************** ************************************** Effective immediately the document collections will no longer be available via the online store. We apologize for any inconvenience, but circumstances have changed to the extent that we must do this in order to protect our business operations. ************************************** ************************************** We have found another way of meeting your needs for any of the following collections. ************************************** ************************************** California discovery document collection, California divorce document collection, California Eviction Defense Document Collection, California judgment recovery document collection, California law and motion document collection, California Legal (formerly Super) Document Collection, Federal legal document collection, Platinum sample legal document collection ************************************** ************************************** Please contact us if you have a need for one or more of these document collections. You can purchase these collections directly from us by contacting us at burman-enterprises@sbcglobal.net. ************************************** ************************************** Important changes have been made to our 30-day Money Back Guarantee. Please review or Refund Policy. ************************************** ************************************** Here are two one-time use codes that you may use to save on your next document purchases from us from now until 12a PT, on Dec 11, 2024. ************************************** Save 25% off any purchase of $95 or more to qualify with this code, YSDSWEWAQV0Y. ************************************** And, Save 20% off any purchase with no minimum requirement to qualify with this code, G4Y686CX74HP. ************************************** Yes, you may use both discount codes, but they must be on separate orders. ************************************** **************************************

Opposing a change of venue motion in California

by Stan Burman

Opposing a change of venue motion in California is the topic of this blog post.  

The first thing anyone served with any motion for change of venue should do is carefully review the motion and supporting documents as some parties will file a motion for change of venue and include only vague and conclusory allegations in their supporting declaration.

The opposition to the change of venue motion should be filed and served at least nine (9) Court days before the hearing. Court days means Monday through Friday, except for Court holidays.  The opposition should be served by personal delivery or overnight mail pursuant to Code of Civil Procedure Section 1005.

The law in California is clear that the county where the complaint is filed is presumed to be the correct county for a trial of the action. Thus the party moving for a change of venue has the burden of proving that the county where the action was filed is improper under any applicable legal theory.

It should be noted that just because a defendant does not live in or have an office in the county where the action was filed does not necessarily mean that venue is improper.

For example a contract that was negotiated by telephone will be considered to be entered into at the location where the acceptor of the contract was at the time of the telephone conversation.  This same principle should also apply in cases where the contract was negotiated through e-mails or even through the use of VOIP services such as Skype.

Venue may also be proper if the obligation of the defendant arises in the county where the action was filed as the location where a contract was executed is less important than the location where the contract is to be performed as that is the location where the obligation under the contract arises.

Sample opposition to change of venue motion in California for sale.


Attorneys or parties in California who would like to view a portion of a sample opposition to a motion for change of venue in California sold by the author and containing brief instructions, a memorandum of points and authorities with citations to case law, sample declaration and proof of service by mail can see below.

Sample Opposition to Motion for Change of Venue in California by Stan Burman on Scribd



 

Virtual paralegal with over 20 years of experience available for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need 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. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

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.

Back to Blog from LegalDocsPro