§ 392.Real Property Subject of Action Or Proceeding; Unlawful Detainer
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 2003 · Last verified July 28, 2026
In one sentence§ 392 sends lawsuits about real property, and unlawful detainer cases, to the superior court in the county where the property sits, while letting the court designate by local rule the specific courthouse location nearest the property for eviction trials.
(a)Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property that is the subject of the action, or some part thereof, is situated, is the proper court for the trial of the following actions:
(1)For the recovery of real property, or of an estate or interest therein, or for the determination in any form, of that right or interest, and for injuries to real property.
(2)For the foreclosure of all liens and mortgages on real property.
(b)In the court designated as the proper court in subdivision (a), the proper court location for trial of a proceeding for an unlawful detainer, as defined in Section 1161, is the location where the court tries that type of proceeding that is nearest or most accessible to where the real property that is the subject of the action, or some part thereof, is situated. Otherwise any location of the superior court designated as the proper court in subdivision (a) is a proper court location for the trial. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case.
Plain-English Summary
When a lawsuit is really about land -- who owns it, who has the right to possess it, or whether a lien or mortgage on it can be foreclosed -- venue follows the property itself rather than either party's home address. § 392(a) puts the case in the superior court of the county where the property, or some part of it, is located.
Subdivision (b) narrows that rule for unlawful detainer cases (evictions, as defined in § 1161). Within the county courthouse system, the proper location for trial is whichever place the court hears that type of case nearest or most accessible to the property, and a court may set that location by local rule.
Frequently Asked Questions
Do I have to file an eviction case in the county where the rental property sits?
Yes. § 392 ties venue for both real-property disputes and unlawful detainer cases to the county where the property is located.
What kinds of cases count as being about real property under this rule?
Actions to recover real property or an interest in it, actions for injuries to real property, and actions to foreclose a lien or mortgage on real property.
Can a single county have more than one courthouse handling eviction cases?
Yes -- the court may specify by local rule which of its locations is nearest or most accessible for that type of case.
Amendment History
Amended by Stats 2002 ch 806 (AB 3027),s 7, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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