California Appellate Tracker

Walt Disney Parks & Resorts U.S., Inc. v. Superior Court

April 22, 2018

Courts have the discretion to transfer venue of a case filed in the wrong venue at any time and are not bound by the time limits in the separate statute that governs mandatory venue transfers.

CCP 396b provides for a mandatory transfer of venue if the case is filed in the wrong venue and the defendant moves to transfer venue within the time allowed for answering the complaint. By contrast, CCP 397(a) permits discretionary transfer of venue of a case filed in the wrong venue and imposes no time limit on a motion under that section. This decision holds that the 396b’s time limit does not apply to a motion brought under 397(a). It also finds that defendant did not wait too long since it first removed the case to federal court and then moved to transfer venue promptly after the case was remanded to state court.

California Court of Appeal, Second District, Division 7 (Zelon, Acting P.J.); February 28, 2018 (published March 26, 2018); 2018 WL 1466921

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Walt Disney Parks & Resorts U.S., Inc. v. Superior Court

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