Code of Civil Procedure 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.

Source: Section 402, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=402.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 402’s source at ca​.gov