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Opposition to motion for change of venue in California

An opposition to a motion for change of venue in California is the topic of this blog post. Any party served with a motion for change of venue should carefully review the motion and supporting documents as some parties file a motion for change of venue and include only vague and conclusory allegations in their supporting declaration.

Any opposition to the 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 as that is required by Code of Civil Procedure Section 1005.

The county where the complaint is filed is presumed to be the correct county for a trial of the action and 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.

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

For instance 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 perhaps 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.

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.

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.

*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 http://freeweeklylegalnewsletter.gr8.com/ for more information.

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

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

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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