1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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6

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8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) CHANGE OF VENUE; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
) __________
14 Any Defendant, and DOES 1-5 )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
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- 1 -
NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
1 TO PLAINTIFF, ________________________________, AND HIS ATTORNEYS OF
2
RECORD:
3
PLEASE TAKE NOTICE that on ________________________ at _________.M., or as soon
4
after that as the matter can be heard, in Dept. _______ of the above-entitled Court located at
5

6 _________________________________________, Defendant, ______________________

7 (“Defendant”), will move the Court to order that venue for the above-entitled case be transferred to
8 the Superior Court of California, County of __________ pursuant to Code of Civil Procedure sections
9
395 and 396, due to the fact that Defendant resides in the County of _________ and at no time did
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Defendant enter into a contract with Plaintiff in ___________ County.
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12 Be sure to modify these paragraphs to suit your individual
13
situation. Do NOT just use the wording here unless it definitely applies
14

15 to your particular situation.
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Therefore the above-entitled Court does not have subject matter jurisdiction. Defendant
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further moves the Court for an order that Plaintiff pay to Defendant their costs and transfer fees
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19 pursuant to sections 396 and 399 of the Code of Civil Procedure.

20 The Motion will be based on this notice, the attached memorandum of points and authorities,
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the attached Declaration of _____________________ and Exhibits attached thereto, the records and
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files of this action, and the oral and documentary evidence which may be introduced at the hearing.
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25 Dated:
ANY DEFENDANT
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- 2 -
NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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Plaintiff filed his complaint in the Superior Court of California, County of ______________,
5

6
__________________ Courthouse.

7 Defendant contends that venue is improper as he did not enter into any contract with Plaintiff.

8 In fact the complaint does not allege that Defendant entered into any contract with Defendant and the
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only other cause of action is fraud. In fact the complaint does not contain any fraud allegations
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against this Moving Defendant, only against Defendant __________________.
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See Plaintiff’s complaint on file herein.
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13 Defendant contends that he is not now nor has he ever been a resident of

14 __________________. Defendant resides in ______________, which is located in the County of
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___________, State of California. See the Declaration of _________________ and Exhibits attached
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thereto.
17

18 Be sure to modify these paragraphs to suit your individual
19
situation. Do NOT just use the wording here unless it definitely applies
20

21 to your particular situation.
22
Defendant requests that the Court order that venue for the above-entitled case be transferred
23
to the Superior Court of California, County of _________, and further that Plaintiff pay Defendants
24

25 costs, and the transfer fees.

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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE
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change-of-venue-for-california
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NOTICE OF MOTION AND MOTION FOR CHANGE OF VENUE