Petitioner Controversy

1003 Words5 Pages
Respondents respectfully continues the request that this action be transferred to the Superior Court of NameofCounty, for the South District which is located in Corona, California, Respondents' city of residence. According to the California Code of Civil Procedure: For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. Civ. Proc. Code § 397(c) While Petitioner might argue that the existing venue is more convenient for Petitioner, Petitioner is a member of the United States Armed Forces with extensive resources. However, Respondent in this case, though employed, has limited resources, earning only xxx from…show more content…
The allegation is blatantly false. In "Petitioner's Brief in Reply to Respondents' Response to Motion for Change of Venue " (November x, 2005) and again in "Petitioner's Brief Opposing (Revised) Motion for Change of Venue" (November 29, 2001), Petitioner accused Respondents of willfully ignoring the Court's instructions. For example, in the latter filing, Petitioner states: "Respondents have filed multiple briefs in response to the Court's Order to Show Cause, exceeding the Court ordered limit of ten pages." This allegation is totally without basis in fact. The docket shows that Respondents submitted a "RESPONSE... to order to show cause" on November 11, 2001 (docket item number 19). This response, including attached brief, was seven pages long. Other than this response, no other document has been filed by Respondents in reply to the Court's Order to Show Cause, a clear fact which can be easily verified by even a cursory inspection of the…show more content…
Proc. Code § 397(c); see also, Civ. Proc. Code § 397(e) (pertaining to a proceeding for marital dissolution.) While such transfer of a case from one county to another is discretionary, where the crucial witnesses and evidence are located in the county of respondent’s residence, it may be abuse of discretion to deny the transfer motion. See, Silva v. Superior Court (Silva) (1981) 119 Cal. App. 3d 301, 304 (abuse of discretion to deny spouse’s transfer motion when spouse and custodial parent attested to economic, educational and financial disruption of family unit if venue continued in county of other spouse’s residence.) In the instant case, key witnesses regarding custody/visitation and child support issues reside in NameofCounty County. (See, Declaration of NAMEOFclient attached hereto.) This court made determinations regarding custody, visitation and support, as part of a final dissolution. However, the parties have had to appear in court which has required various trips by both parties since such orders were
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