What is the proper venue for an action against a local authority?

California, United States of America


The following excerpt is from Tutor-Saliba-Perini Joint Venture v. Superior Court, 233 Cal.App.3d 736, 285 Cal.Rptr. 1 (Cal. App. 1991):

In general, actions against local agencies are subject to the same principles of venue that apply in actions against nongovernmental persons. However, in actions against local agencies, based on negligent injury to a person or property by the local agency or its agents or employees, venue is proper in the county in which the agency resides if the injury occurred there. (Code Civ.Proc., 394.) Under certain circumstances, when a local agency is joined with other nongovernmental defendants, the mandatory provisions of section 394's negligence rule supersede the general provisions of section 395. An action must be transferred to the local agency's county if the requirements of section 394 are met, even if venue is properly situated in a county where another defendant resides. (Delgado v. Superior Court (1977) 74 Cal.App.3d 560, 141 Cal.Rptr. 528.) 7

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