Cholakian & Associates v. Superior Court of Sacramento County

Opinion

DUARTE, J.

Under Code of Civil Procedure section 396b, subdivision (a), 1 where an action has been filed in the “wrong venue,” a defendant may move to transfer the case to the “proper court for the trial thereof.” In such a case, “if an answer is filed,” the court may consider opposition to the motion to transfer and may retain the action in the county where filed to promote the convenience of witnesses or the ends of justice. (§ 396b, subd. (d).) The question in this case is whether, in a multidefendant case, an answer must be filed by all defendants before the court may consider…