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Small claim court judge deny change of venue, is appeal possible?

San Jose, CA |

A plaintiff file a small claim case against me in S.Cal, I then file a change of venue asking the case be trial in N.Ca where I live - but the judge deny. Can the defendant appeal the judge decision or asking under what ground the judge deny my request?

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Attorney answers 4

Posted

You normally can only appeal a small claims judgment or a denial of a motion to vacate a small claims judgment.

However, you can probably file SC-105

http://courts.ca.gov/documents/sc105.pdf

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

Since you are in small claims court, depending on the amount in dispute, it could as a practical matter cost you more to process the appeal than what may be at stake were you to lose the case as a whole; that is taking into account your expenses to travel from north to south to defend the action.

Posted

I am not sure how you think that the judge could have granted your request for a change of venue in a small claims court. Change of venue motions apply in cases where no impartial trial can take place, and require lots of showing of examination of the potential jury pool by the defense. Having the case be more accessible to you is NOT a grounds for a change of venue. You would have to show on appeal that the judge abused his discretion in denying your motion. Since I think you did not provide the court with the necessary showing, your appeal would be expensive, time-consuming and denied.

Posted

Venue isnt changed just because you live in Nor Cal. Depending upon the basis of the claim against you, venue can then be determined. For example, if you were in a car crash while visiting So Cal, you can be sued in the county where it occurred. Dont know aht your basis was for asking for change, but it was denied. Are you going to go to So Cal and appear for an appeal of that, even if it was possible? Id suggest you make arrangements to go there for the hearing and deal with it on the merits.

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