Cholakian & Associates v. Superior Court of Sacramento County

Under Code of Civil Procedure section 396b, subdivision (a), where an action has been filed in the “wrong venue,” a defendant may move to transfer the case to the “proper court for the trial thereof.” In such a case, “if an answer is filed,” the court may consider opposition to the motion to transfer and may retain the action in the county where filed to promote the convenience of witnesses or the ends of justice. (§ 396b, subd. (d).) The question in this case is whether, in a multidefendant case, an answer must be filed by all defendants before the court may consider opposition to the motion to transfer venue. We conclude the answer is yes. In this case, the trial court considered opposition to the motion before all defendants had answered the complaint. Accordingly, we issue a peremptory writ of mandate directing the trial court to vacate its order denying the motion to transfer and to issue a new order granting the motion.

BACKGROUND

The Underlying Action

In 2010, Debra Hackett was seriously injured in an accident in Sacramento County in which a tractor and trailer owned by Silva Trucking, Inc., and driven by Elaine McDonold jackknifed and collided with the vehicle…