§ 116.370.Venue

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2002 · Last verified July 28, 2026

In one sentenceSection 116.370 applies ordinary civil venue rules to small claims actions, lets a defendant challenge venue or court location by mail without appearing, and requires the court to determine venue and location on its own regardless of whether the defendant challenges them, with dismissal or transfer as the remedy for an improper filing.

Full Text of § 116.370

Text sizeJump to: (a) (b) (c)

(a) Venue and court location requirements in small claims actions shall be the same as in other civil actions. The court may prescribe by local rule the proper court locations for small claims actions.

(b) A defendant may challenge venue or court location by writing to the court and mailing a copy of the challenge to each of the other parties to the action, without personally appearing at the hearing.

(c) In all cases, including those in which the defendant does not either challenge venue or court location or appear at the hearing, the court shall inquire into the facts sufficiently to determine whether venue and court location are proper, and shall make its determination accordingly.

(1) If the court determines that the action was not commenced in the proper venue, the court, on its own motion, shall dismiss the action without prejudice, unless all defendants are present and agree that the action may be heard. If the court determines that the action was not commenced in the proper court location, the court may transfer the action to a proper location pursuant to local rule.

(2) If the court determines that the action was commenced in the proper venue and court location, the court may hear the case if all parties are present. If the defendant challenged venue or court location and all parties are not present, the court shall postpone the hearing for at least 15 days and shall notify all parties by mail of the court’s decision and the new hearing date, time, and place.

End

Plain-English Summary

Section 116.370(a) does not create special venue rules for small claims — it applies the same venue requirements used in other civil actions, while letting the court set proper court locations for small claims cases by local rule.

Subdivision (b) gives a defendant an easy way to raise a venue objection: writing to the court and mailing a copy to the other parties, without having to appear at the hearing to make the challenge. Subdivision (c) puts the burden on the court itself, requiring it to inquire into venue and court location in every case, whether or not the defendant challenges them or even appears.

If the court finds venue was improper, it must dismiss the action without prejudice on its own motion, unless every defendant is present and agrees to have it heard anyway; if only the court location was wrong, the court may transfer the case to a proper location under local rule instead. If venue and location were proper but the defendant challenged them and not everyone is present, the court must postpone the hearing at least 15 days and notify the parties of the new date by mail.

Frequently Asked Questions

What venue rules apply to a small claims case in California?

Section 116.370(a) applies the same venue requirements used in other civil actions, with the court prescribing proper court locations by local rule.

Can a defendant challenge venue without going to court?

Yes. Section 116.370(b) lets a defendant challenge venue or court location by writing to the court and mailing a copy of the challenge to the other parties, without personally appearing at the hearing.

What happens if a small claims case was filed in the wrong venue?

Section 116.370(c)(1) requires the court to dismiss the action without prejudice on its own motion, unless all defendants are present and agree to have it heard, and to transfer the case instead if only the court location, not the venue, was improper.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 133 § 2 (AB 1827), ch 915 § 10.5 (SB 771); Stats 1992 ch 201 § 1 (AB 3653); Stats 1996 ch 1159 § 3 (AB 3471); Stats 2002 ch 806 § 4 (AB 3027).

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: small claims venue californiawrong court small claims californiachallenge court location small claims