How Do I Change Venue in California if a Summons Was Sent to the Wrong Address?

Full Question:

how to file motion for change of venue for family law case. original filings made with false adrs inanother county.
04/19/2010   |   Category: Venue   |   State: California   |   #21834

Answer:

Venue is the local area in which a court, that has jurisdiction, may try a case. Jurisdiction is the geographical area within which a court has the right and power to operate. A court system may have jurisdiction to take a case in a wide geographical area, but the proper venue for the case may be one place within that area for the convenience of the parties. Jurisdiction is subject to fixed rules; however, venue is often left to the discretion of the judge.

Venue is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment.

Typically, a person who fails to receive notice of a pleading may make a motion to dismiss a complaint, quash service, or set aside a default judgment alleging lack of jurisdiction over the person, insufficiency of process and insufficient service of process. Such claims must be made early on in litigation. In some cases, such as when an answer has already been filed, a person has waived the right to make such an objection by entering an appearance in the case. You may contact the clerk of courts to check on the status of the case and whether it says that service was properly made.