Venue: Sec 1341
- Where the claim will be heard; place of trial
* **CA: which county
Venue: rule
- all Ds reside
- claim arose
If neither 1 nor 2 provide venue, then:
- diversity–any district where any D subject to PJ
- federal question–any district where any D can be found
Corporation: residence any district where subject to PJ at time action commenced
Venue: CA rule
GR: turns on type of action (classification made at outset of lawsuit, based on allegations in complaint)
Local Action: real property type claims; venue is in that county
Transitory Action: everything else; venue in county of any D’s residence at commencement of action OR where breach/injury occurs (or if K–where made)
Mixed Action: two or more claims or Ds governed by different venue provisions; venue is proper in any of the counties dictated by the rules for those claims
*Note: a special statutory venue provision normally trumps the general venue rules (would have to be provided in fact pattern)
Challenging Improper Venue
- pre-answer motion (12(b)) or Answer to Complaint–if neither, it is waived
- **CA: venue challenged by motion to stay/dismiss action
-if removal–removed from state court goes to federal court of district where state action was pending
Change of Venue: Forum Non Conveniens (inconvenient forum)
CL discretion to dismiss even if forum proper, because very inconvenient; burden on D Factors: -convenience of parties -location of the witnesses -location of the evidence -state interest -foreign interest
Forum non conveniens used when desired venue is OUTSIDE court’s jurisdiction:
Fed: foreign country
CA: outside CA or foreign country
Change of Venue: Sec 1404 Transfer
BLL: Court may transfer a suit to any other district where the suit originally might have been brought, for the convenience of the parties and interests of justice. It is NOT a dismissal–just a transfer
***CA: no requirement that the transfer be to a court in which it originally could have been brought. Fed can transfer across state lines; CA CANNOT.
Change of Venue: Sec 1404 Factors
Main:
- “ends of justice” require AND there is an alternate forum; OR
- all parties consent
Other:
- residence of parties
- location of witnesses
- costs
- access to evidence
- enforceability of judgment
Change of Venue: CA Distinction
- venue allocates the county where action will be heard–strong presumption in favor of P’s choice
- forum non conveniens governs state or country–equitable discretionary doctrine with factors:
- suitable alternate forum (threshold)
- private interests of litigants (expense, availability of Ws)
- public interest in keeping suit in CA
- CA court must either dismiss or stay the action
- proponent (D or P) has burden of proof to show another state or county preferable
CA: may change place of trial when
- court designated in complaint is not proper; OR
- impartial jury cannot be had therein; OR
- no judge qualified to act; OR
- in dissolution of marriage, to repondent’s county (in some circumstances); OR
- convenience of witnesses (endangerment to health) (*Note: fed includes parties as well)
- must appear that Ws will testify to relevant and material facts; AND
- Ws will be inconvenienced; AND
- ends of justice will be promoted by change
CA courts may also grant a stay
- to discourage multiple litigations designed solely to harass
- to avoid conflicts with other courts
- when rights of parties can best be determined by court of another jurisdiction
