What is the test for establishing a proper venue for a tort action?

California, United States of America


The following excerpt is from Pacific Air Lines, Inc. v. Superior Court In and For City and County of San Francisco, 231 Cal.App.2d 587, 42 Cal.Rptr. 68 (Cal. App. 1965):

Real parties, however, contend that 'in the absence of an affirmative showing to the countrary, the presumption is' that the county in which the action is brought is the proper county (Smith v. Stanford Research Institute, 212 Cal.App.2d 750, 753, 28 Cal.Rptr. 481, and cases there cited). They seek to expand this rule to require negation of contract venue, even when the complaint clearly states a cause of action in tort alone. But to wrench such an excerpt from an opinion, without consideration of the pleadings with which it dealt, is to distort it.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the proper venue for an action against a local authority? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party has failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the test for establishing a new standard of review in determining whether a trust has been properly established? (California, United States of America)
Is a party who transfers his interest in an action after the action has been commenced and before judgment the proper party to appeal? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
Does a prior judgment dismissing a declaratory relief action to establish parental relationship with child conceived by artificial insemination with anonymous donor preclude a subsequent breach of contract action? (California, United States of America)
Can an individual who is not a defendant in an action brought in the county where the action was commenced be allowed to change venue? (California, United States of America)
Does a cause of action for reformation of a contract have proper venue in petitioner's residence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.