California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions
Sections 116.310-116.390

Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions

CODE OF CIVIL PROCEDURE
SECTION 116.370

116.370.  (a) Venue and court location requirements in small claims
actions shall be the same as in other civil actions.  The court may
prescribe by local rule the proper court locations for small claims
actions.
   (b) A defendant may challenge venue or court location by writing
to the court and mailing a copy of the challenge to each of the other
parties to the action, without personally appearing at the hearing.

   (c) In all cases, including those in which the defendant does not
either challenge venue or court location or appear at the hearing,
the court shall inquire into the facts sufficiently to determine
whether venue and court location are proper, and shall make its
determination accordingly.
   (1) If the court determines that the action was not commenced in
the proper venue, the court, on its own motion, shall dismiss the
action without prejudice, unless all defendants are present and agree
that the action may be heard.  If the court determines that the
action was not commenced in the proper court location, the court may
transfer the action to a proper location pursuant to local rule.
   (2) If the court determines that the action was commenced in the
proper venue and court location, the court may hear the case if all
parties are present.  If the defendant challenged venue or court
location and all parties are not present, the court shall postpone
the hearing for at least 15 days and shall notify all parties by mail
of the court's decision and the new hearing date, time, and place.
 

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