California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 4 — Of the Place of Trial, Reclassification, and Coordination of Civil Actions, Chapter 1 — Place of Trial, Section 402

(a) Except as otherwise provided by law:

(1) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be filed.

(2) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be heard or tried.

(3) A superior court may not dismiss a case, and the clerk may not reject a case for filing, because it is filed, or a person seeks to file it, in a court location other than the location specified by local rule. However, the court may transfer the case on its own motion to the proper court location.

(b) A superior court may transfer an action or proceeding filed in one location to another location of the superior court. This section does not affect the authority of the presiding judge to apportion the business of the court as provided by the California Rules of Court.

Notes

Allows superior courts by local rule to designate filing and hearing locations for categories of cases, but prohibits dismissal or clerk rejection merely because a case is filed at another court location. Allows transfer to the proper location, including on the court’s own motion, and preserves the presiding judge’s authority to apportion court business.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 402 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-4/chapter-1/section-402

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