§1.05 Venue

Unless otherwise stipulated by contract, a UD action must be filed in the county where the property at issue is located. [CCP §§ 392(a), 396a(a).]

If the plaintiff fails to allege in the complaint or in an attached affidavit that the action was filed in the proper superior court and proper location for trial of the matter, you may dismiss the case without prejudice.  In the alternative, you may permit the plaintiff to file a proper affidavit after the case has been filed. In that case, the defendant’s time to answer runs from the date on which he or she is served with the affidavit. [CCP §396a(a).]

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If you determine that the case was filed in the wrong court or wrong location for trial, you must transfer the action (on motion by you or the defendant) to the proper venue. However, if a represented defendant consents to the venue (in writing or orally on the record), transfer is not required. The defendant’s consent is effective only if the defendant was represented by counsel when consent was given. [CCP §396a(b).]