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Any Defendant
Any Street
Any Town, CA 55555
714-555-5555
Defendant, In Pro Per
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
CHANGE OF VENUE; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION
OF __________
DATE:
TIME:
DEPT:
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address. Be sure to remove this notice before using this document.
1TO PLAINTIFF, ________________________________, AND HIS ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on ________________________ at _________.M., or as soon
after that as the matter can be heard, in Dept. _______ of the above-entitled Court located at
_________________________________________, Defendant, ______________________
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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE

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(“Defendant”), will move the Court to order that venue for the above-entitled case be transferred to
the Superior Court of California, County of __________ pursuant to Code of Civil Procedure
Sections 395 and 396, due to the fact that Defendant resides in the County of _________ and at no
time did Defendant enter into a contract with Plaintiff in ___________ County.
Be sure to modify these paragraphs to suit your individual situation. Do NOT just
use the wording here unless it definitely applies to your particular situation.
Therefore the above-entitled Court does not have subject matter jurisdiction. Defendant
further moves the Court for an order that Plaintiff pay to Defendant their costs and transfer fees
pursuant to Sections 396 and 399 of the Code of Civil Procedure.
The Motion will be based on this notice, the attached memorandum of points and authorities,
the attached Declaration of _____________________ and Exhibits attached thereto, the records and
files of this action, and the oral and documentary evidence which may be introduced at the hearing.
Dated:
ANY DEFENDANT
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
Plaintiff filed his complaint in the Superior Court of California, County of ______________,
__________________ Courthouse.
Defendant contends that venue is improper as he did not enter into any contract with Plaintiff.
In fact the complaint does not allege that Defendant entered into any contract with Defendant and the
only other cause of action is fraud. In fact the complaint does not contain any fraud allegations
against this Moving Defendant, only against Defendant __________________.
See Plaintiff’s complaint on file herein.
Defendant contends that he is not now nor has he ever been a resident of
__________________. Defendant resides in ______________, which is located in the County of
___________, State of California. See the Declaration of _________________ and Exhibits attached
thereto.
Be sure to modify these paragraphs to suit your individual situation. Do NOT just
use the wording here unless it definitely applies to your particular situation.
Defendant requests that the Court order that venue for the above-entitled case be transferred
to the Superior Court of California, County of _________, and further that Plaintiff pay Defendants
costs, and the transfer fees.
///
///
///
///
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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE

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II.
LEGAL ARGUMENT
A. __________COUNTY IS THE PROPER VENUE FOR THE TRIAL OF THIS
ACTION BECAUSE ALL DEFENDANTS IN THIS ACTION RESIDE IN COUNTY
Code of Civil Procedure Section 395(a) states in part:
“Except as otherwise provided by law and subject to the power of the court to transfer actions
or proceedings as provided in this title, the county in which the defendants or some of them reside at
the commencement of the action is the proper county for the trial of the action.”
In fact no Defendant in this case resides in ___________ County. Both Defendants reside in
________________ as Plaintiff’s own complaint alleges!
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
B. THE COURT HAS THE STATUTORY AUTHORITY TO TRANSFER
THIS CASE, AND ORDER THE PLAINTIFFS TO PAY THE COSTS AND
TRANSFER FEES.
Code of Civil Procedure Section 396 states in pertinent part:
“If an action or proceeding is commenced in or transferred to a court which has jurisdiction of
the subject matter thereof as determined by the complaint or petition, and it thereafter appears from
the verified pleadings, or at the trial, or hearing, that the determination of the action or proceeding, or
of a cross-complaint, will necessarily involve the determination of questions not within jurisdiction of
the court, in which the action or proceeding is pending, the court, whenever such lack of jurisdiction
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appears, must suspend all further proceedings therein and transfer the action or proceeding and certify
the pleadings, and all papers and proceedings therein to a court having jurisdiction thereof which may
be agreed upon by the parties, or if they do not agree, to a court having such jurisdiction which is
designated by law as a proper court for the trial or determination thereof.. Upon the making of an
order for transfer, proceedings shall be had as provided in Section 399 of this code, the costs and fees
thereof, and of filing the case in the court to which transferred, to be paid by the party filing the
pleading in which the question outside the jurisdiction of the court appears unless the court ordering
the transfer shall otherwise direct”.
Code of Civil Procedure Section 399 states in part:
“When the transfer is sought solely, or is ordered, because the action or proceeding was
commenced in a court other than that designated as proper by this title, such costs and fees (including
any expenses and attorney's fees awarded defendant pursuant to Section 396b) shall be paid by the
plaintiff before such transfer is made”.
As Plaintiff had absolutely no justification for filing this action in ______________ County
the Court should order Plaintiff and/or his attorney to pay the costs of transfer.
C. THE LAW FAVORS HAVING ACTIONS AGAINST DEFENDANTS TRIED
IN THE COUNTY OF THEIR RESIDENCE
A Plaintiff’s right to trial in some county other than that of a defendant's residence is an
exception to the general rule and requires express statutory justification. See Brown v. Superior
Court (1984) 37 Cal.3d 477, 483.
To purchase the entire sample document on which this preview is
based visit: http://www.scribd.com/doc/25824722/Sample-Motion-for-
Change-of-Venue-for-California
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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE

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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE