12345678910111213141516171819202122232425262728Any DefendantAny StreetAny Town, CA 55555714-555-5555Defendant, In Pro PerS...
12345678910111213141516171819202122232425262728(“Defendant”), will move the Court to order that venue for the above-entitl...
12345678910111213141516171819202122232425262728MEMORANDUM OF POINTS AND AUTHORITIESI.STATEMENT OF FACTSPlaintiff filed his...
12345678910111213141516171819202122232425262728II.LEGAL ARGUMENTA. __________COUNTY IS THE PROPER VENUE FOR THE TRIAL OF T...
12345678910111213141516171819202122232425262728appears, must suspend all further proceedings therein and transfer the acti...
12345678910111213141516171819202122232425262728To view collections of documents for sale by LegalDocsPro visithttp://www.s...
12345678910111213141516171819202122232425262728To view collections of documents for sale by LegalDocsPro visithttp://www.s...
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Sample California motion for change of venue

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This sample motion for change of venue for California is used when a defendant wants the Court to transfer the venue to their county of residence. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.

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Sample California motion for change of venue

  1. 1. 12345678910111213141516171819202122232425262728Any DefendantAny StreetAny Town, CA 55555714-555-5555Defendant, In Pro PerSuperior Court of the State of CaliforniaFor the County of _________________Any Plaintiff,Plaintiff,vs.Any Defendant, and DOES 1-5Defendants.))))))))))))Case No.NOTICE OF MOTION AND MOTION FORCHANGE OF VENUE; MEMORANDUM OFPOINTS AND AUTHORITIES; DECLARATIONOF __________DATE:TIME:DEPT:To subscribe to my FREE California weekly legal newsletter visithttp://www.legaldocspro.net/newsletter.htm and enter your e-mailaddress. Be sure to remove this notice before using this document.1TO PLAINTIFF, ________________________________, AND HIS ATTORNEYS OFRECORD:PLEASE TAKE NOTICE that on ________________________ at _________.M., or as soonafter that as the matter can be heard, in Dept. _______ of the above-entitled Court located at_________________________________________, Defendant, ______________________- 1 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  2. 2. 12345678910111213141516171819202122232425262728(“Defendant”), will move the Court to order that venue for the above-entitled case be transferred tothe Superior Court of California, County of __________ pursuant to Code of Civil ProcedureSections 395 and 396, due to the fact that Defendant resides in the County of _________ and at notime did Defendant enter into a contract with Plaintiff in ___________ County.Be sure to modify these paragraphs to suit your individual situation. Do NOT justuse the wording here unless it definitely applies to your particular situation.Therefore the above-entitled Court does not have subject matter jurisdiction. Defendantfurther moves the Court for an order that Plaintiff pay to Defendant their costs and transfer feespursuant to Sections 396 and 399 of the Code of Civil Procedure.The Motion will be based on this notice, the attached memorandum of points and authorities,the attached Declaration of _____________________ and Exhibits attached thereto, the records andfiles of this action, and the oral and documentary evidence which may be introduced at the hearing.Dated:ANY DEFENDANT- 2 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  3. 3. 12345678910111213141516171819202122232425262728MEMORANDUM OF POINTS AND AUTHORITIESI.STATEMENT OF FACTSPlaintiff filed his complaint in the Superior Court of California, County of ______________,__________________ Courthouse.Defendant contends that venue is improper as he did not enter into any contract with Plaintiff.In fact the complaint does not allege that Defendant entered into any contract with Defendant and theonly other cause of action is fraud. In fact the complaint does not contain any fraud allegationsagainst this Moving Defendant, only against Defendant __________________.See Plaintiff’s complaint on file herein.Defendant contends that he is not now nor has he ever been a resident of__________________. Defendant resides in ______________, which is located in the County of___________, State of California. See the Declaration of _________________ and Exhibits attachedthereto.Be sure to modify these paragraphs to suit your individual situation. Do NOT justuse the wording here unless it definitely applies to your particular situation.Defendant requests that the Court order that venue for the above-entitled case be transferredto the Superior Court of California, County of _________, and further that Plaintiff pay Defendantscosts, and the transfer fees.////////////- 3 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  4. 4. 12345678910111213141516171819202122232425262728II.LEGAL ARGUMENTA. __________COUNTY IS THE PROPER VENUE FOR THE TRIAL OF THISACTION BECAUSE ALL DEFENDANTS IN THIS ACTION RESIDE IN COUNTYCode of Civil Procedure Section 395(a) states in part:“Except as otherwise provided by law and subject to the power of the court to transfer actionsor proceedings as provided in this title, the county in which the defendants or some of them reside atthe commencement of the action is the proper county for the trial of the action.”In fact no Defendant in this case resides in ___________ County. Both Defendants reside in________________ as Plaintiff’s own complaint alleges!Be sure to modify these paragraphs to suit your individualsituation. Do NOT just use the wording here unless it definitely appliesto your particular situation.B. THE COURT HAS THE STATUTORY AUTHORITY TO TRANSFERTHIS CASE, AND ORDER THE PLAINTIFFS TO PAY THE COSTS ANDTRANSFER FEES.Code of Civil Procedure Section 396 states in pertinent part:“If an action or proceeding is commenced in or transferred to a court which has jurisdiction ofthe subject matter thereof as determined by the complaint or petition, and it thereafter appears fromthe verified pleadings, or at the trial, or hearing, that the determination of the action or proceeding, orof a cross-complaint, will necessarily involve the determination of questions not within jurisdiction ofthe court, in which the action or proceeding is pending, the court, whenever such lack of jurisdiction- 4 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  5. 5. 12345678910111213141516171819202122232425262728appears, must suspend all further proceedings therein and transfer the action or proceeding and certifythe pleadings, and all papers and proceedings therein to a court having jurisdiction thereof which maybe agreed upon by the parties, or if they do not agree, to a court having such jurisdiction which isdesignated by law as a proper court for the trial or determination thereof.. Upon the making of anorder for transfer, proceedings shall be had as provided in Section 399 of this code, the costs and feesthereof, and of filing the case in the court to which transferred, to be paid by the party filing thepleading in which the question outside the jurisdiction of the court appears unless the court orderingthe transfer shall otherwise direct”.Code of Civil Procedure Section 399 states in part:“When the transfer is sought solely, or is ordered, because the action or proceeding wascommenced in a court other than that designated as proper by this title, such costs and fees (includingany expenses and attorneys fees awarded defendant pursuant to Section 396b) shall be paid by theplaintiff before such transfer is made”.As Plaintiff had absolutely no justification for filing this action in ______________ Countythe Court should order Plaintiff and/or his attorney to pay the costs of transfer.C. THE LAW FAVORS HAVING ACTIONS AGAINST DEFENDANTS TRIEDIN THE COUNTY OF THEIR RESIDENCEA Plaintiff’s right to trial in some county other than that of a defendants residence is anexception to the general rule and requires express statutory justification. See Brown v. SuperiorCourt (1984) 37 Cal.3d 477, 483.To purchase the entire sample document on which this preview isbased visit: http://www.scribd.com/doc/25824722/Sample-Motion-for-Change-of-Venue-for-California- 5 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  6. 6. 12345678910111213141516171819202122232425262728To view collections of documents for sale by LegalDocsPro visithttp://www.scribd.com/LegalDocsPro/collections- 6 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
  7. 7. 12345678910111213141516171819202122232425262728To view collections of documents for sale by LegalDocsPro visithttp://www.scribd.com/LegalDocsPro/collections- 6 -NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE

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