The court may, on motion, change the place of trial in the following cases:
§ 397.Grounds For Changing Place of Trial On Motion
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 1994 · Last verified July 28, 2026
In one sentence§ 397 lists the grounds for changing the place of trial on motion: an incorrect venue, doubt about getting an impartial trial, the convenience of witnesses and the ends of justice, the lack of a qualified judge, or, in a marital dissolution, transfer to the respondent's county of residence.
Full Text of § 397
(a) When the court designated in the complaint is not the proper court.
(b) When there is reason to believe that an impartial trial cannot be had therein.
(c) When the convenience of witnesses and the ends of justice would be promoted by the change.
(d) When from any cause there is no judge of the court qualified to act.
(e) When a proceeding for dissolution of marriage has been filed in the county in which the petitioner has been a resident for three months next preceding the commencement of the proceeding, and the respondent at the time of the commencement of the proceeding is a resident of another county in this state, to the county of the respondent's residence when the ends of justice would be promoted by the change. If a motion to change the place of trial is made pursuant to this paragraph, the court may, prior to the determination of such motion, consider and determine motions for allowance of temporary spousal support, support of children, temporary restraining orders, attorneys' fees, and costs, and make all necessary and proper orders in connection therewith.
Plain-English Summary
Beyond the improper-venue motion in § 396b, § 397 gives a court four general grounds to move a trial: the complaint named the wrong court; there is reason to doubt an impartial trial is possible there; the convenience of witnesses and the ends of justice favor a change; or no judge qualified to hear the case is available.
A fifth ground is specific to family law. If a dissolution of marriage was filed in the county where the petitioner had lived for the required three months, but the respondent lives in another county, the court may transfer the case to the respondent's county when the ends of justice favor it -- and, while that motion is pending, the court may still rule on temporary spousal support, child support, restraining orders, and attorney's fees.
Frequently Asked Questions
Can I move a lawsuit because I doubt I'll get a fair trial locally?
Yes -- § 397(b) allows a change of venue when there is reason to believe an impartial trial cannot be had in that court.
Is the convenience of witnesses alone enough to change venue?
Yes, together with the ends of justice, under § 397(c).
Can a divorce case be moved to the other spouse's county?
Yes -- § 397(e) allows that when the petitioner filed where they had lived three months but the respondent lives elsewhere, and the ends of justice favor the move.
Amendment History
Amended by Stats. 1992, Ch. 163, Sec. 19. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.
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: grounds to change venue californiamotion to change venue reasons californiaimpartial trial venue change california