Silva v. Superior Court

Opinion

ASHBY, J.

Real party sued in respondent court for dissolution of her marriage to petitioner. Petitioner filed a response to the dissolution petition and also filed a motion for change of venue to San Mateo County, predicated upon Code of Civil Procedure section 397, subdivisions 3 and 5. The former subdivision permits a change of venue when the convenience of witnesses and the ends of justice would be promoted by the change. The latter subdivision—which is applicable only to dissolution proceedings—permits a change simply upon a showing that it will promote the ends of justice.

Petitioner…