(a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.
§ 396b.Notice Or Motion For Order Transferring Action Or Proceeding; Expenses and Attorney's Fees to Prevailing Party
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 2006 · Last verified July 28, 2026
In one sentence§ 396b is California's central change-of-venue mechanism: a defendant seeking transfer must file a timely notice of motion, generally at or before responding to the complaint, and the court must transfer the case once it finds venue improper, though it may also award the prevailing side its expenses and attorney's fees.
Full Text of § 396b
(b) In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney's fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action. In determining whether that order for expenses and fees shall be made, the court shall take into consideration (1) whether an offer to stipulate to change of venue was reasonably made and rejected, and (2) whether the motion or selection of venue was made in good faith given the facts and law the party making the motion or selecting the venue knew or should have known. As between the party and his or her attorney, those expenses and fees shall be the personal liability of the attorney not chargeable to the party. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a party's papers, or on the court's own noticed motion, and after opportunity to be heard.
(c) The court in a proceeding for dissolution of marriage or legal separation or under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code) may, prior to the determination of the motion to transfer, consider and determine motions for allowance of temporary spousal support, support of children, and counsel fees and costs, and motions to determine custody of and visitation with children, and may make all necessary and proper orders in connection therewith.
(d) In any case, if an answer is filed, the court may consider opposition to the motion to transfer, if any, and may retain the action in the county where commenced if it appears that the convenience of the witnesses or the ends of justice will thereby be promoted.
(e) If the motion to transfer is denied, the court shall allow the defendant time to move to strike, demur, or otherwise plead if the defendant has not previously filed a response.
Plain-English Summary
A case filed in the wrong court can still be tried there if nobody objects in time. § 396b requires the defendant to act at the time of answering, demurring, or moving to strike -- or, at the defendant's option, before doing any of those things but still within the ordinary time to respond -- by filing a notice of motion to transfer, with proof it was served on the other side. Once the court finds the case was not filed in the proper court, transfer is not discretionary: the statute says the court "shall" order it.
The court may also award reasonable expenses and attorney's fees to whichever side wins the motion, weighing whether a reasonable stipulation to change venue was offered and rejected, and whether the losing side's position was taken in good faith given what it knew or should have known about the facts and law. That liability lands personally on the attorney, not the client, and the court cannot impose it without notice and a chance to be heard.
Family-law cases get a practical carve-out: the court can still decide temporary spousal support, child support, custody, visitation, and fee motions while the transfer motion is pending. And once an answer has been filed, the court gains a separate discretionary option -- it may keep the case where it is anyway if the convenience of the witnesses or the ends of justice favor that result. If the transfer motion is denied, the defendant still gets time to respond to the complaint.
Frequently Asked Questions
How do I ask a California court to move my case to a different county?
File a notice of motion to transfer, with proof of service on the other side, at or before your deadline to respond to the complaint -- the court must transfer the case once it finds venue improper.
Can I recover my attorney's fees for winning a motion to change venue?
The court may award reasonable expenses and fees to the prevailing side, but that liability falls personally on the losing party's attorney, not the client.
What happens if I miss the deadline to move to change venue?
The case can still be tried where it was filed, even if venue was technically improper, since the timely-motion requirement effectively waives the objection.
Does filing an answer before moving to change venue hurt my chances?
It can -- once an answer is filed, the court may weigh the convenience of witnesses and the ends of justice and decide to keep the case where it is.
Amendment History
Amended by Stats 2005 ch 706 (AB 1742),s 10, eff. 1/1/2006
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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