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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



 

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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.

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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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