AAW Practice Test 2.docx - 1. When an action is brought for...

1. When an action is brought for injury of a person or personal property venue may
be proper in the superior court of the county where the injury occurred, or the
county where the defendant resides. Here, Paul filed his claim for his personal
injury in the Superior Court of Ventura County, where Donna is a resident. Donna
moved to transfer the case to the San Diego Superior Court on the grounds that
the accident occurred in San Diego, the witnesses to the accident are in San
Diego, and that her car—which she is countersuing for the damages—is also in
San Diego. Technically, either venue is proper to litigate Paul’s personal injury
claim and for Donna’s cross-complaint for injury to her personal property.
In California when a defendant files a motion to transfer venue the court may
grant the transfer if the complaint was filed in the improper court, if there is a
reason to believe the original venue cannot provide an impartial trial, or when the
convenience of witnesses and ends of justice call for a transfer. It has already been
established that the original venue where Paul filed is a proper venue, and there is