§3.10 Challenge to Venue

A defendant may challenge the venue or the court location by writing to the court and mailing a copy of the challenge to each of the other parties to the action, without personally appearing at the hearing. [CCP §116.370(b); CRC 3.2106.]

In all cases, even if the defendant does not challenge venue or court location or appear at the hearing, you must inquire into the facts sufficiently to determine whether the venue and court location are proper [CCP §116.370(c)]:

• If you determine that the action was not commenced in the proper venue, you must dismiss the action without prejudice, unless all defendants are present and agree that the action may be heard. If you determine that the action was not commenced in the proper court location, you may transfer the action to a proper location pursuant to local rule. [CCP §116.370(c)(1).]
• If you determine that the action was commenced in the proper venue and court location, you may hear the case if all parties are present. If the defendant challenged venue or court location and all parties are not present, you must postpone the hearing for at least 15 days and notify all parties by mail of your decision and the new hearing date, time, and place. [CCP §116.370(c)(2); CRC 3.2106.]

Click here for a checklist to determine whether the jurisdiction and venue are appropriate.