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Where to file lawsuit for quiet title to properties in two different counties
Anonymous2 views3 answers
I want to quiet title on two properties that I purchased but are now subject to dispute. One is in Los Angeles County and one is in San Bernardino county. The three people whom I want to quiet title against all live in L.A. COunty. Do I need to file two separate lawsuits or can I just file one in L.A. county? Thanks.
Neil Michael PopowitzLand Use / Zoning AttorneyLos Angeles, CA ·
Quiet title actions are actions involving land and are considered local actions for venue purposes, i.e., they must be brought where the land is located, regardless of where the defendants' reside. However, this rule is NOT jurisdictional (except in cases of condemnation), so you could bring a single suit in one County and if the defendants fail to object to the venue, the case could be heard. If they do object, you will have to bring a second case in the other County. If time is of the essence because of a deadline such as a statute of limitation, don't take the chance of being delayed, just file two separate complaints.
I agree with Mr. Popowitz in that venue in this situation is local and I also agree that it is not jurisdicitional. Because it is not jurisdictional, however, I do not agree that you can or necessarily have to file a multiplicity of lawsuits.
If the action involved pone parcel of land that extended into both counties, then venue would be proper in either county. (Code Civ. Proc., sect. 392 (a)(1).) The court always has discretion to transfer the action to any other county for the convenience of the witnesses and the ends of justice.
As I see it, however, filing two (2) different actions is not appropriate where you in reality have one cause of action, because that would involve splitting your cause of action and run the risk of conflicting rulings. So my advice is to file in either county, and the court can transfer if necessary to the other county based on the convenience of witnesses and the ends of justice.