(a) An action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city and county, or the county in which the city or local agency is situated, unless the action or proceeding is brought by a county, or city and county, a city, or local agency, in which case it may be tried in any county, or city and county, not a party thereto and in which the city or local agency is not situated. Except for actions initiated by the local child support agency pursuant to Section 17400, 17402, 17404, or 17416 of the Family Code, any action or proceeding brought by a county, city and county, city, or local agency within a certain county, or city and county, against a resident of another county, city and county, or city, or a corporation doing business in the latter, shall be, on motion of either party, transferred for trial to a county, or city and county, other than the plaintiff, if the plaintiff is a county, or city and county, and other than that in which the plaintiff is situated, if the plaintiff is a city, or a local agency, and other than that in which the defendant resides, or is doing business, or is situated. Whenever an action or proceeding is brought against a county, city and county, city, or local agency, in any county, or city and county, other than the defendant, if the defendant is a county, or city and county, or, if the defendant is a city, or local agency, other than that in which the defendant is situated, the action or proceeding must be, on motion of that defendant, transferred for trial to a county, or city and county, other than that in which the plaintiff, or any of the plaintiffs, resides, or is doing business, or is situated, and other than the plaintiff county, or city and county, or county in which that plaintiff city or local agency is situated, and other than the defendant county, or city and county, or county in which the defendant city or local agency is situated; provided, however, that any action or proceeding against the city, county, city and county, or local agency for injury occurring within the city, county, or city and county, or within the county in which the local agency is situated, to person or property or person and property caused by the negligence or alleged negligence of the city, county, city and county, local agency, or its agents or employees, shall be tried in that county, or city and county, or if a city is a defendant, in the city or in the county in which the city is situated, or if a local agency is a defendant, in the county in which the local agency is situated. In that action or proceeding, the parties thereto may, by stipulation in writing, or made in open court, and entered in the minutes, agree upon any county, or city and county, for the place of trial thereof. When the action or proceeding is one in which a jury is not of right, or in case a jury is waived, then in lieu of transferring the cause, the court in the original county may request the chairperson of the Judicial Council to assign a disinterested judge from a neutral county to hear that cause and all proceedings in connection therewith. When the action or proceeding is transferred to another county for trial, a witness required to respond to a subpoena for a hearing within the original county shall be compelled to attend hearings in the county to which the cause is transferred. If the demand for transfer is made by one party and the opposing party does not consent thereto, the additional costs of the nonconsenting party occasioned by the transfer of the cause, including living and traveling expenses of the nonconsenting party and material witnesses, found by the court to be material, and called by the nonconsenting party, not to exceed five dollars ($5) per day each in excess of witness fees and mileage otherwise allowed by law, shall be assessed by the court hearing the cause against the party requesting the transfer. To the extent of that excess, those costs shall be awarded to the nonconsenting party regardless of the outcome of the trial. This section shall apply to actions or proceedings now pending or hereafter brought.
§ 394.Action Against County Or City and County, City Or Local Agency
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§ 394 gives either side the right to move a lawsuit by or against a county, city, or local agency to a neutral county so no government party gets home-field advantage, but keeps negligence claims for injuries occurring within that jurisdiction on their home turf.
Full Text of § 394
(b) For the purposes of this section, "local agency" shall mean any governmental district, board, or agency, or any other local governmental body or corporation, but shall not include the State of California or any of its agencies, departments, commissions, or boards.
Plain-English Summary
A lawsuit against a county, city, or local agency ordinarily belongs in that entity's own county. But § 394 worries about home-court advantage running in both directions -- for the government body or against it. When a local agency sues someone in another county, or when someone sues a local agency, either side can move to transfer the case to a county that is neither the plaintiff's nor the defendant's, so the trial happens on truly neutral ground. If no jury is involved, the court may instead just bring in a disinterested judge from another county rather than moving the whole case. The parties may also stipulate in writing or in open court to any county they prefer.
There is an important carve-out: a claim for injury to person or property caused by the local agency's own negligence, arising within that county, stays right where it happened -- no neutral-venue transfer applies. That keeps ordinary accident claims against a city or county local, where the witnesses and the scene are.
The section also lets a court shift the added costs of a demanded transfer -- up to five dollars a day beyond ordinary witness fees and mileage -- onto the party who insisted on moving the case, regardless of who ultimately wins.
Frequently Asked Questions
Why would a case against my city or county end up moved to a different county?
§ 394 lets either side demand a transfer to a neutral county so that neither the government entity nor the private party gets to try the case on its own home turf.
Can I still sue my city in my own county if I was hurt there?
Yes -- claims for injury to person or property caused by the local agency's own negligence within that county are exempt from the neutral-venue transfer rule.
Does this neutral-venue rule apply to suits against the State of California itself?
No. Subdivision (b) excludes the State and its own agencies from the definition of "local agency"; suits against the state are instead addressed by § 401.
What counts as a "local agency" under this rule?
Any governmental district, board, agency, or other local governmental body or corporation -- but not the State of California or any of its own agencies, departments, commissions, or boards.
Amendment History
Amended by Stats 2002 ch 784 (SB 1316),s 52, eff. 1/1/2003. Amended by Stats 2002 ch 927 (AB 3032),s 1, 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
Also known as: suing a california city or county venue rulesvenue against local agency californianeutral venue government lawsuit californiasuing your own city where to file