Rule 3.1326.Motions for change of venue

Code of Civil Procedure section 396b lets a defendant move to transfer a case to the proper venue before answering, which raises a practical question: what deadline applies to responding to the complaint while that motion is pending, and afterward? Rule 3.1326 answers it for both possible outcomes.

If the motion to transfer is denied, a defendant who had not already filed a response gets 30 calendar days from the denial to move to strike, demur, or otherwise plead, unless the court orders a different deadline. If the motion is granted instead, the defendant gets 30 calendar days, but the clock starts later — from the date the receiving court sends notice that it has received the case along with its new case number, not from the date the transfer was ordered. That distinction matters because a defendant responding in a new court needs to know where the case landed, and under what case number, before a response can be filed there.