Welthmen Fritz Parks v. Frank Hwang

Summary

The United States District Court for the Eastern District of California determines that venue is improper because none of the defendants resides in the district and the claim arose in Riverside County. Pursuant to 28 U.S.C. § 1406(a), the court orders the case transferred to the United States District Court for the Central District of California in the interest of justice.

Holdings

1. Venue was improper in the Eastern District of California because none of the defendants resided there and the claim arose in Riverside County, located in the Central District of California.
2. The case should be transferred in the interest of justice to the United States District Court for the Central District of California.

Questions Presented

1. Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
2. Whether the action should be transferred to the Central District of California under 28 U.S.C. § 1406(a) because it was filed in the wrong district.

Disposition

transferred