California Gun Rights Foundation v. Superior Court of Los Angeles Count
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Section 6259 of the California Public Records Act governs venue, not jurisdiction, and thus it does not deprive a superior court of subject matter jurisdiction over a public records dispute even if the requested records are not situated in the county where the lawsuit is brought. In this case, although the records sought are not situated in Los Angeles County, the Court of Appeal held that the Los Angeles Superior Court nonetheless has jurisdiction over this action.
The court also held that the venue provision of section 6259 does not override Code of Civil Procedure section 401, which provides that if an action may be brought against the state or its agencies in Sacramento, it also may be brought anywhere the Attorney General has an office. Therefore, because this action may be brought in Sacramento County, the court held that it may also be brought in Los Angeles, where the Attorney General has an office. Accordingly, the court directed the trial court to vacate its order transferring this matter to Sacramento County.
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