Notice Of Motion And Motion To Transfer Case To Appropriate Court {VN197}

VN197 ATTORNEY OF PARTY WITHOUT ATTORNEY (Name and Address) Telephone Number FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA 800 SOUTH VICTORIA AVE. VENTURA, CA 93009 3855 ­ F ALAMO ST. SIMI VALLEY, CA 93063-2210 4353 VINEYARD AVE, OXNARD, CA. 93036 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT NOTICE OF MOTION AND MOTION TO TRANSFER CASE TO APPROPRIATE COURT (CHANGE OF VENUE ( CCP §396b) CASE NUMBER: Hearing Date: _________________ Time ________________ Courtroom: __________ Filing Date of Original Complaint or Petition in this Case: _________________________________________________ Defendant(s)/Respondent(s),_______________________________________________, hereby move(s) for an order transferring this action from the Superior Court of the State of California, County of Ventura to the Superior Court of the State of California, County of ___________________________. This motion is made pursuant to Code of Civil Procedure Sections 392 through 396b. DECLARATION I/We, ________________________________________________, declare as follows: 1. 2. 3. 4. 5. 6. 7. I/we am/are the defendant(s)/respondent(s) in this case. I/we am/are current residents of the County of _________________________, State of ________________. The alleged claim on which I/we am/are being sued arose or occurred in the County of ________________ State of __________________________. At the time the alleged claim on which I/we am/are being sued arose or occurred, I/we was/were residents of the County of __________________________, State of _______________________. The real property upon which the alleged claims in this lawsuit are based is located in the County of _______________________, State of ___________________________. The alleged contract upon which the alleged claims in this lawsuit are based was entered into in the County of _____________________, State of ___________________________. The alleged contract upon which the alleged claims in this lawsuit are based was to be performed in the County of ________________________, State of ___________________________. I declare, under penalty of perjury under California State law that the information above is true and correct. Date:______________ Date:______________ VN197 New 1/08 __________________________ (Defendant's printed name) ______________________________ (Defendant's signature) __________________________ (Defendant's printed name) _______________________________ (Defendant's signature) Page 1 of 2 NOTICE OF MOTION AND MOTION TO TRANSFER CASE TO APPROPRIATE COURT American LegalNet, Inc. www.FormsWorkflow.com Short Title: Case Number: POINTS AND AUTHORITIES Paragraph(s) _____________ of the complaint identify the contract/incident/claim to have occurred or arose in the County of ________________________, State of ____________________________. Code of Civil Procedure §392 provides that in cases concerning real property, the proper court for the case is in the county where the real property is located. Code of Civil Procedure §393 provides that in cases concerning the recovery of a penalty or forfeiture imposed by law, the proper court for the case is in the county where the cause arose. Code of Civil Procedure §395 provides that cases should be brought in the county where one or more of the defendants reside at the time the lawsuit is filed. Code of Civil Procedure §396a provides that cases involving installment sales under Civil Code §1812.10; or financing of motor vehicle sales under Civil Code §2984.4; or for other goods, services, loans or extensions of credit intended primarily for personal, family or household use under Code of Civil Procedure §395(b); should be brought in the county where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at the time the case is filed. Code of Civil Procedure §396b provides that a court can transfer a case to the proper court upon a motion brought by a defendant prior to, or at the time of, filing an answer or other response to the complaint. Respectfully submitted, Date:______________ Date:______________ __________________________ (Defendant's printed name) ______________________________ (Defendant's signature) __________________________ (Defendant's printed name) ______________________________ (Defendant's signature) VN197 New 1/08 NOTICE OF MOTION AND MOTION TO TRANSFER CASE TO APPROPRIATE COURT Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com