California Court of Appeal
Cholakian & Assoc. v. Super. Ct. (McDonold), C076759
In a multi-defendant case, the condition in Code of Civil Procedure section 396b(a) that allows a defendant to move to transfer the case from the wrong venue to the proper court "if an answer is filed," requires all defendants to file an answer. before the court may consider opposition to the motion to transfer venue. Here, the trial court heard opposition to the motion for transfer before all defendants had answered the complaint.
Appellate Information
- Decided 04/29/2015
- Published 04/29/2015
Judges
- Duarte
Court
- California Court of Appeal