(1) Whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission, bureau, officer or other agency thereof shall or may be commenced in, tried in, or removed to the County of Sacramento, the same may be commenced and tried in any city or city and county of this State in which the Attorney General has an office.
§ 401.Removal of Action By Or Against State Or State Agency Which May Be Commenced In Sacramento County
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Enacted 1947 · no amendments on record · Last verified July 28, 2026
In one sentence§ 401 lets a lawsuit against the State of California or one of its agencies be filed or tried in any city where the Attorney General maintains an office, rather than only in Sacramento County, and lets a defendant sued there by the state move the case to the Attorney General's office nearest the defendant.
Full Text of § 401
(2) Whenever it is provided by any law of this State that the State or a department, institution, board, commission, bureau, officer or other agency thereof shall or may commence an action or proceeding in the County of Sacramento, the same, on motion of the defendants or some of them, shall be removed for trial to the county or city and county in which the Attorney General has an office nearest to the county in which the defendants or some of them reside or have their principal office in this State.
Plain-English Summary
Many statutes send suits against the state, or a state department, board, commission, or officer, to Sacramento County by default. § 401 loosens that default: any such action may instead be commenced and tried in any city, or city and county, where the Attorney General has an office.
The reverse situation is covered too. If a statute requires the state to bring its own action in Sacramento County, the defendant may move to have the case removed for trial to whichever Attorney General's office is nearest to where the defendants reside or have their principal place of business.
Frequently Asked Questions
Do I have to sue the State of California in Sacramento?
No -- § 401 lets the case be commenced or tried in any city where the Attorney General has an office.
What if the state sues me in Sacramento County?
You may move to have the case removed for trial to the Attorney General's office nearest to where you reside or have your principal place of business.
Amendment History
Added by Stats. 1947, Ch. 306.
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 the state of california venuesacramento county lawsuit against state agencyvenue against california state government