Legal Question in Civil Litigation in California

Re: Are we in the right court?

A telephone call to the attorney of record for the plaintiff requesting a change of venue could save you time and effort. Also if plaintiff and attorney refuse to change venue they could be responsible for your attorney fees it filing the motion. However, do not allow the time to file a response to the complaint run, as your default maybe taken.

Re: Are we in the right court?

From what you say, it sounds like a motion to change venue would be appropriate. Once venue is changed, you can file a responsive pleading.

Re: Are we in the right court?

I generally agree with what Messrs. Roach, Cohen and Johnson have said, but there are important factors they did not address which may determine whether the case is in the right county or not.

Ordinarily a breach of contract action can be filed where the defendant lives or where the defendant was supposed to perform his contractual obligations. You have said nothing about what the contract required you to do, but it may be that your performance would have been expected in the plaintiff's home county.

Another point which my colleagues did not address is that the contract may specify where a lawsuit alleging breach of the contract may be heard. Many businesses include such clauses so that they can minimize their costs in any legal action. (There will also usually be a clause saying which state's laws are to be applied, so that the business will not need to worry about potentially conflicting rules in different jurisdictions or about the potential costs of needing a different legal team in each state.)

My business clients typically use such clauses in their contracts, and you may find such language in yours as well. Such a clause will usually be enforced by the court, so even if you otherwise could only have been sued in your own county you may already have contracted away that protection.

Re: Are we in the right court?

To answer your second question, you do not need to respond to the summons by filing an answer while your motion to change venue is pending. You must make a motion to transfer based on "improper" court within the time permitted to plead. (Code of Civ. Proc. sec. 396b subd. (a).)

Although you may file an answer at the same time as your motion to transfer, you do not need to. If your motion is denied, the court will allow you additional time to answer or otherwise plead. (Code of Civ. Proc. sec. 396b subd. (e).)