Is there any case law where a defendant has not yet filed an answer on a motion to change venue?

California, United States of America


The following excerpt is from Cholakian & Assocs. v. Superior Court of Sacramento Cnty., 186 Cal.Rptr.3d 525, 236 Cal.App.4th 361 (Cal. App. 2015):

Cholakian contends venue in Sacramento County was improper and transfer to San Mateo County was mandatory. He argues that because he had not yet filed an answer, the court's consideration of the opposition was premature. Cholakian relies on an encyclopedia entry: [W]here there are several proper and necessary defendants, all of them must have filed answers before the plaintiff's countermotion will be entertained. (61 Cal.Jur.3d (2012) Venue, 105, p. 498, citing Woods v. Berry (1931) 111 Cal.App. 675, 296 P. 332 (Woods ).)

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a defendant waive his right to change venue when he answers, demurs or files a cross-complaint at the same time as he does so? (California, United States of America)
Can a change of venue motion be successfully challenged by a defendant who waives a no contest plea? (California, United States of America)
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
How does the status of a victim affect a defendant's motion for a change of venue? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
When a defendant files a Pitchess motion for in camera review of a police officer's personnel file, what are the requirements for such review? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.