Motion to Transfer Venue
Case No. SC25-00370
Motion to Transfer Venue
Defendant Daas Luxury Optics, Inc.’s motion to transfer venue is denied.
There is no remedy to transfer a small claims action to a different venue. If a small claims court finds that an action was not commenced in the proper venue, it must, on its own motion, dismiss the action without prejudice. (Code Civ. Proc. § 116.370(c)(1).)
Additionally, the question of venue is outside the scope of Defendant’s appeal. A defendant that did not appear at the small claims trial has no right to an appeal. (Code Civ. Proc. § 116.710(a).) Instead, the sole remedy for that defendant is to timely file a motion to set aside the judgment. (Code Civ. Proc. § 116.730(a).) If the motion is denied, “the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment.” (Code Civ. Proc. § 116.730(e), emphasis added.)
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