How to Challenge a Court Venue | California

“Venue” refers to the specific court in which your case is heard, whereas “Jurisdiction” refers to the state and county in which the lawsuit is filed. It is up to the person suing you to sue you in the right court. If you believe you were sued in the wrong court or jurisdiction, you can dispute the venue of your case.

If you were sued at the wrong location, you have two options:

1. Dispute in Person

Go to court on the day of your trial hearing and request that the case be dismissed.

2. Dispute by Mail

Write to the court explaining why you think the claim was brought to the wrong court. Be sure to send a copy to the other parties.

To ensure your request is brought to a judge, file a Request for Court Order and Answer, also known as an SC-105. Fill out this form to tell the court you were sued in the improper venue and why you believe so. You must serve copies of this request on everyone else involved in the case. The opposing side gets the chance to tell his or her side of the issue using the “Answer” on the second page of the SC-105 form.

Learn More in Our Guide to Small Claims Court.