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California Code of Civil Procedure Section 396b

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 396b

396b.  (a) Except as otherwise provided in Section 396a, if an
action or proceeding is commenced in a court having jurisdiction of
the subject matter thereof, other than the court designated as the
proper court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time he or she answers, demurs, or moves to strike,
or, at his or her option, without answering, demurring, or moving to
strike and within the time otherwise allowed to respond to the
complaint, files with the clerk, a notice of motion for an order
transferring the action or proceeding to the proper court, together
with proof of service, upon the adverse party, of a copy of those
papers. Upon the hearing of the motion the court shall, if it appears
that the action or proceeding was not commenced in the proper court,
order the action or proceeding transferred to the proper court.
   (b) In its discretion, the court may order the payment to the
prevailing party of reasonable expenses and attorney's fees incurred
in making or resisting the motion to transfer whether or not that
party is otherwise entitled to recover his or her costs of action. In
determining whether that order for expenses and fees shall be made,
the court shall take into consideration (1) whether an offer to
stipulate to change of venue was reasonably made and rejected, and
(2) whether the motion or selection of venue was made in good faith
given the facts and law the party making the motion or selecting the
venue knew or should have known. As between the party and his or her
attorney, those expenses and fees shall be the personal liability of
the attorney not chargeable to the party. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers, or on the court's own noticed motion, and after
opportunity to be heard.
   (c) The court in a proceeding for dissolution of marriage or legal
separation or under the Uniform Parentage Act (Part 3 (commencing
with Section 7600) of Division 12 of the Family Code) may, prior to
the determination of the motion to transfer, consider and determine
motions for allowance of temporary spousal support, support of
children, and counsel fees and costs, and motions to determine
custody of and visitation with children, and may make all necessary
and proper orders in connection therewith.
   (d) In any case, if an answer is filed, the court may consider
opposition to the motion to transfer, if any, and may retain the
action in the county where commenced if it appears that the
convenience of the witnesses or the ends of justice will thereby be
promoted.
   (e) If the motion to transfer is denied, the court shall allow the
defendant time to move to strike, demur, or otherwise plead if the
defendant has not previously filed a response.

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Last modified: March 17, 2014