Decoding Venue Rules: Why Timing Is Everything in California Lawsuits

When multiple defendants are sued in California, early procedural moves over venue—where the trial takes place—can decide where the case is litigated.

In Cholakian & Associates v. Superior Court (2015) 236 Cal.App.4th 361, the Court of Appeal addressed a frequent venue clash:

In a lawsuit with multiple defendants, can a plaintiff stop a defendant from transferring the case to their home county by claiming another county is more convenient for witnesses—even if not all defendants have answered yet?

The court’s answer: No.

1. Case Snapshot

• The Backstory: A $34.9 million personal injury verdict led the insured trucking company to sue its insurance carriers (for bad faith) and defense counsel (for malpractice) in Sacramento County.

• The Motion: Law firm defendant Cholakian & Associates moved under Code of Civil Procedure § 396b to transfer the action to its home county, San Mateo.

• The Conflict: Co-defendants filed demurrers (challenging the complaint) rather than answers. Plaintiffs argued Sacramento should keep the case because it was more convenient for witnesses.

• Trial Court Order: The trial court agreed Sacramento was technically the "wrong venue," but denied the transfer based on witness convenience. Cholakian sought a writ of mandate.

2. Court Organization & Legal Reasoning

The appellate court structured its opinion by moving from factual history to statutory text, and finally to policy. Its reasoning rests on three core pillars:

┌─────────────────────────────────────────────────────────────┐
│ 1. Statutory Interpretation (§ 396b & § 17)                 │
│    "An answer" means ALL answers must be filed.             │
├─────────────────────────────────────────────────────────────┤
│ 2. Issue Joinder Requirement                                │
│    Court cannot evaluate witness relevance during demurrers.│
├─────────────────────────────────────────────────────────────┤
│ 3. Protection of Defendant's Residence Right                │
│    A co-defendant cannot waive another's venue rights.     │
└─────────────────────────────────────────────────────────────┘

A. Statutory Text: "An Answer" Means All Answers

Section 396b(d) permits a court to retain venue for witness convenience "if an answer is filed." Under Code of Civil Procedure § 17(a), the singular includes the plural. In a multi-defendant case, the phrase is read as "if answers are filed."

B. Issues Must Be "Joined" First

Until every proper defendant files an answer, the legal issues are not joined. Pending demurrers can eliminate claims, dismiss parties, or alter defenses—changing which witnesses are actually material to the case.

C. Co-Defendants Cannot Waive Personal Venue Rights

A defendant’s right to be sued in their home county (§ 395) is a personal right. A co-defendant who chooses to answer early cannot forfeit another defendant's right to transfer out of an improper venue.

3. Practice Takeaways

Concept	Rule
Default Venue	Transitory actions belong in a defendant's home county (§ 395).
Timing	Transfer motions must be filed at or before answering or demurring.
Witness Exception	Witness convenience cannot be weighed until all proper defendants have answered.
Plaintiff Remedy	If transferred, a plaintiff may move to retransfer under § 397 once all pleadings are settled.

Bottom Line: Pleadings come first, convenience comes second. Until all proper defendants have answered, a plaintiff cannot defeat a mandatory venue transfer.