California Partition Law Blog
Anytime a litigant wants to file a lawsuit, a threshold question is where the lawsuit should be filed. Specifically, the question is what county should get to hear the action. This process is called determining “venue,” and it can become quite a complicated endeavor. This is because the “correct” county for action will depend on a number of factors.
One such factor is the “nature” of the action. If it concerns the “internal affairs” of a trust, then specific venue rules come into play. But making this determination isn’t easy. And filing suit in the wrong county could result in both a transfer and sanctions for the plaintiff who didn’t do their homework.
If the parties consent to arbitration, they decide to settle their dispute outside the confines and strict procedure of courtrooms. That said, arbitration awards are not automatically court judgments just because they resolve legal claims.