A quick primer on Code of Civil Procedure 394(a), removal to a neutral county

By Michael Reiter, Attorney at Law

This is a complicated statute, one that originated in the 1872 code, and therefore can be difficult to parse.  California Code of Civil Procedure section 394(a) allows, in a suit between a local government agency against a party who resides in another county, transfer to a neutral third county.  The code is a removal statute, not a venue statute, so the suit needs to be filed like any other suit.  When I was a Deputy City Attorney for the City of San Bernardino, a corporation tried to sue the City of San Bernardino in Orange County for declaratory relief.  It was kicked back to San Bernardino County.

The purpose of this provision “is to guard against local bias that may exist in favor of litigants within a county as against those from without the county, and to ensure that both parties have a trial on neutral territory.” [Citations omitted]. There is no need for a party seeking transfer to demonstrate actual prejudice because the statute “is designed to obviate the appearance of prejudice as well as actual prejudice or bias.”  Arntz Builders v. Superior Court (2004) 122 Cal.App.4th 1195, 1203.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address: 1255 W. Colton Ave. Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055
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About Michael Reiter, Attorney at Law
Michael Reiter is a Redlands, California-based lawyer, serving San Bernardino County and Riverside County in Southern California's Inland Empire. Michael Reiter is a lawyer practicing in the following fields of law: Personal Injury Law, Municipal Law, Code Enforcement Law, Small Business Law and Real Estate Law. Michael Reiter practices in all the local courts, including San Bernardino Superior Court, Riverside Superior Court, and the United States District Court for the Central District of California. Michael Reiter was admitted to the California State Bar in 1998. Michael Reiter was Assistant City Attorney for the City of Redlands, a Deputy City Attorney for the City of San Bernardino, and Staff Attorney for Legal Aid Society of San Bernardino. Michael Reiter serves all of San Bernardino and Riverside County, Orange County, and Los Angeles County. Michael Reiter can be reached at (909) 708-6055, or by electronic mail at michael@michaelreiterlaw.com. 300 E. State St. #517 Redlands CA 92373-5235

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