Subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some part of the cause, arose, is the proper county for the trial of the following actions:
§ 393.Recovery of Penalty Or Forfeiture; Act Done By Public Officer Or Person In Virtue of Office
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 2004 · Last verified July 28, 2026
In one sentence§ 393 sends suits to recover a statutory penalty or forfeiture, and suits against public officers for acts done in their official capacity, to the county where the underlying cause of action arose, with a special rule for offenses on a waterway bordering two counties.
Full Text of § 393
(a) For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in any county bordering on the lake, river, or stream, and opposite to the place where the offense was committed.
(b) Against a public officer or person especially appointed to execute the duties of a public officer, for an act done by the officer or person in virtue of the office, or against a person who, by the officer's command or in the officer's aid, does anything touching the duties of the officer.
Plain-English Summary
Unlike the general residence-based venue rule, § 393 looks to where the cause of action itself arose. Two categories of suit get this treatment: actions to recover a penalty or forfeiture imposed by statute, and actions against a public officer -- or someone acting at that officer's command -- for something done in virtue of the office.
The penalty-or-forfeiture branch carries one exception: if the offense happened on a lake, river, or other body of water that borders two or more counties, the case may be tried in any bordering county opposite where the offense occurred.
Frequently Asked Questions
Where do I sue over a statutory penalty or forfeiture in California?
In the county where the cause of action arose, or, for an offense on a boundary waterway, in any county bordering the water opposite where it happened.
Can I sue a government official for something done in an official capacity?
Yes -- § 393(b) sends that suit to the county where the cause arose, whether the officer acted personally or through someone under the officer's command.
Amendment History
Amended by Stats 2003 ch 449 (AB 1712),s 7, eff. 1/1/2004.
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
Also known as: venue for penalty or forfeiture lawsuit californiasuing a public officer venue californiawhere cause of action arose venue rule