Summary
The United States District Court for the Eastern District of California determines that venue is improper because the defendant is located and the claims arose in Napa County, within the Northern District of California. Pursuant to 28 U.S.C. § 1406(a), the court orders the action transferred to the Northern District of California.
Holdings
- Venue was improper in the Eastern District of California because the defendant was located in Napa County and the claim arose there, within the Northern District of California.
- When a civil action is filed in the wrong federal district, the court may transfer it to the proper district in the interest of justice; this action was transferred to the Northern District of California.
Questions Presented
- Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
- Whether the action should be transferred to the Northern District of California under 28 U.S.C. § 1406(a) because it was filed in the wrong district.
Disposition
other
Cases Cited (1)
- Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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