🤤
Civil Procedure • Venue
CIVPRO#020
Legal Definition
Residence for a person is based on domicile, whereas residence for a corporation is any district where it is subject to personal jurisdiction. An unincorporated association resides anywhere it does business.
Plain English Explanation
A person resides wherever they have a place to live and intend on living indefinitely, with no plans on leaving. A corporation (company) resides in any jurisdiction where it is subject to personal jurisdiction (such as where it is incorporated, or where its principal place of business is). An unincorporated association (partnerships, LLCs, etc.) resides anywhere it does business.
Hypothetical
Hypo 1: Bob owns a house in California but spends most of the year living in a cabin located in Nevada. Result: Bob is likely a citizen of Nevada. Even if he has his mail sent to his home in California, the fact that Bob spends most of his time in his Nevada cabin makes it his domicile for purposes of citizenship.
Hypo 2: Bob registers a corporation in Delaware, but has never visited Delaware. His company has a factory in Nevada, and his office is located in California where he and his other managers and officers control the company. Result: Bob's corporation is a citizen of Delaware, where it is incorporated, and California, where its principal place of business exists.
Hypo 3: Bob buys an RV and drives around the United States. In each state, he brings on a new partner to join his company. By the end of his trip, he has brought on 47 new partners, each living in a different state. Result: Bob's partnership is a citizen of every state where a partner resides, making it super easy for anyone to bring a lawsuit against the partnership.
Hypo 2: Bob registers a corporation in Delaware, but has never visited Delaware. His company has a factory in Nevada, and his office is located in California where he and his other managers and officers control the company. Result: Bob's corporation is a citizen of Delaware, where it is incorporated, and California, where its principal place of business exists.
Hypo 3: Bob buys an RV and drives around the United States. In each state, he brings on a new partner to join his company. By the end of his trip, he has brought on 47 new partners, each living in a different state. Result: Bob's partnership is a citizen of every state where a partner resides, making it super easy for anyone to bring a lawsuit against the partnership.
Visual Aids
Related Concepts
How may venue be transferred?
In California, when may a court transfer venue?
In California, where is venue proper for cases against corporations, associations, and partnerships?
In California, where is venue proper for contract actions?
In California, where is venue proper for location actions?
In California, where is venue proper for mixed actions?
In California, where is venue proper for personal injury or wrongful death actions?
In California, where is venue proper for transitory actions?
What are the private factors considered in establishing forum non conveniens?
What are the public factors considered in establishing forum non conveniens?
What is forum non conveniens and how is it established?
What is the difference between transferring venue and forum non conveniens?
What is venue?
What is venue in California?
When is venue proper in Federal court?
