Legal Question in Civil Litigation in California

Re: Change of Venue

You are correct. You don't have to file a responsive pleading along with a change of venue motion, CCP � 396b; and Rutter Group Civil Procedure Before Trial, at � 3:566, recommends against filing a responsive pleading at the same time as a motion for a change of venue. That said, you should have used an attorney, because a successful change of venue motion often carries with it an award of attorney fees and costs.

Also, in any case in which you have no attorney, and they do, you'll almost always lose.

The tentative ruling on your motion should be posted to occourts.org by now.

Re: Change of Venue

According to the Rutter Group's Civil Procedure Before Trial, California Code of Civil Procedure section 397 contains no express time limitation. A motion for change of venue based on convenience of witnesses must be made within a reasonable time after the answer is filed. What constitutes a "reasonable" time rests largely in the trial court's discretion. Cooney v. Cooney (1944) 25 Cal.2d 202, 208, 153 P.2d 334, 338.

So there's some statutory and case law you can argue. You should look them up and read them, though, before you go to court. And DO check the tentative ruling. If you're winning, the advice is to be quiet during argument and agree with the judge. If you're losing, then argue strenuously! It's a good rule of thumb.