Venue

Question 1

Venue

Answer 1

Venue concerns which federal district court should hear a particular case. Venue is proper where:

1. Claim Arose
2. D Resides

Question 2

Claim Arose

Answer 2

1. Federal: Venue is always proper in the district where the claim arose (injury occurred or contract entered into) or where the land in dispute is located (local actions).
2. California: Venue is proper in the county where the claim arose (injury occurred or contract entered into) or where the land in dispute is located.

Question 3

Defendant Resides

Answer 3

1. Federal: For transitory actions (not local actions), venue is proper in any district where all defendants reside or where a substantial part of the claim arose.
2. California: Venue is proper in a county where any defendant resides at the time the case is filed. If no defendants reside in California, then any county is acceptable.

Question 4

Definition of “reside” for venue purposes

Answer 4

a. Natural persons reside at their domicile.
b. Corporations reside
i. Federal: In all districts where they are subject to personal jurisdiction when the case is filed.
ii. California: In the county where they have their PPB, or where a contract was entered into or performed, or where contract breach occurred, or where liability arises.
c. Multiple defendants all in the same state: Venue is proper in any district where any defendant resides.

Question 5

Transfer of venue-Federal

Answer 5

Venue can only be transferred to another federal court where the case could have been filed. To determine if a transfer of venue is warranted the court will look at the interests of justice, including:

1. Public factors: What law applies, which community should be burdened with jury service; and
2. Private factors: Convenience, location of witnesses and evidence, etc.

Question 6

Transfer of venue-California

Answer 6

Allows for the transfer of venue to any proper county at the judge’s discretion where the interests of justice and convenience of the parties would be served by such a transfer.

Question 7

Forum non conveniens-Federal

Answer 7

A court may dismiss or stay a case if there is a far more appropriate forum elsewhere, such as another state or country.

Question 8

Forum non conveniens-California

Answer 8

The court will determine if another forum is more suitable under forum non conveniens by looking at the interests of justice, including:

1. Public factors: What law applies, which community should be burdened with jury service; and
2. Private factors: Convenience, location of witnesses, evidence, etc.
3. Note: this is the same as the federal transfer of venue rule.