THE FINISHING LAB, ET AL. v. ALEXANDER DAAS OPTICIANS, ET AL.

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.)

Join ZoomGov Meeting https://www.zoomgov.com/j/1602210102?pwd=emlhR29SczExam56NFFqWHFvSitmZz09

Meeting ID: 160 221 0102 Passcode: 650928

One tap mobile +16692545252,,1602210102#,,,,*650928# US (San Jose) +16692161590,,1602210102#,,,,*650928# US (San Jose)