§ 400.Petition For Writ of Mandate Requiring Trial In Proper Court

Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 1999 · Last verified July 28, 2026

In one sentence§ 400 gives a party unhappy with a ruling on change of venue only 20 days after notice of the order to petition the court of appeal for a writ of mandate, with a possible 10-day extension for good cause, and lets the appellate court stay the trial court proceedings in the meantime.

Full Text of § 400

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When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring trial of the case in the proper court. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days. The petitioner shall file a copy of the petition in the trial court immediately after the petition is filed in the court of appeal. The court of appeal may stay all proceedings in the case, pending judgment on the petition becoming final. The clerk of the court of appeal shall file with the clerk of the trial court, a copy of any final order or final judgment immediately after the order or judgment becomes final.

End

Plain-English Summary

A ruling granting or denying a motion to change venue can be challenged, but only through this specific writ procedure and only within a short window: 20 days after service of written notice of the order. The superior court may extend that period once, by up to 10 days, for good cause shown before the original 20 days runs out.

The petition goes to the court of appeal for the district where the ruling court sits, and the petitioner must also file a copy in the trial court right after filing it on appeal. The court of appeal may stay all trial court proceedings while the petition is pending, and its clerk files a copy of any final order or judgment with the trial court once it becomes final.

Frequently Asked Questions

How long do I have to challenge a venue ruling in California?

20 days after service of written notice of the order, extendable once by up to 10 days for good cause shown before the original period expires.

Where do I file a challenge to a venue ruling?

A petition for writ of mandate in the court of appeal for the district where the ruling court sits, with a copy also filed in the trial court.

Can the trial court case continue while my venue challenge is pending?

The court of appeal may stay all trial court proceedings until judgment on the petition becomes final.

Amendment History

Amended 9/7/1999 (Bill Number: SB 210) (Chapter 344).

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

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