Incorrect venue in debt case?-CA

What is the name of your state? California

Plaintiff is suing me, claiming she unintentionally overpaid me by some $5000, for funds advanced to her over a period of two years. She lives in San Mateo County and I live in Alameda County. She filed the case in San Mateo County

Small Claims instructions tell the plaintiff to select the county where defendant lives, unless damages have been perpetrated elsewhere. Advances and repayments occurred remotely, via online transfers between branches of the same bank (Wells Fargo), via cashier's checks and online "billpay" checks, a Paypal transfer, an ATM withdrawal, and telephone payments on a cell phone bill.

I certainly never ventured onto her turf in connection with paying or receiving funds, although she ventured onto my turf to receive a loan. My questions are, Is this an improper venue? Do the courts take this sort of thing seriously?

Can I file a motion to dismiss in Small Claims Court? Or do I have to attend the scheduled hearing in order to protest? And if I did, could I avoid trying the case then and there, ready or not?

I have another strong reason to not want to appear in San Mateo as scheduled, as I am a tax business owner and preparer. Plaintiff (who knows that well), scheduled the hearing for April 14th, the day before Tax Day, the busiest day of my year, and so far I've been too busy to prepare properly.

What is the name of your state?What is the name of your state?California

(LOL. You won me with “Reason: to answer name of state question—again”. Has a life of its own at times doesn't it?)

Let’s work backwards, because you have two options to avoid the 15th and one to remove for incorrect venue. “CCP” will refer to Code of Civil Procedure, and you can find that here:
http://www.leginfo.ca.gov/calaw.html

Any party may obtain a continuance of a hearing date by submitting a written request to postpone the hearing for good cause (CCP sect. 116.570(a)). The request may be by letter or by an approved Judicial Council form. However, it must be filed at least 10 days before the hearing date (leaving you very little time) unless the court determines that the requesting party has good cause to file a later request (like having just gotten served). The requesting party must, on the date of making the request, mail or personally deliver a copy of the request to each of the other parties and must pay a $10 fee. The court must respond promptly by mail to any person making a request for a postponement. If the court finds that the interests of justice would be served, it must notify the parties of the new hearing date, time and place. (Note – requesting a continuance AND filing a venue challenge is counterintuitive. One says the location is not ok and the other implicitly acknowledges that it is but you want more time). I’d suggest against doing both but, given the proximity of Alameda and San Mateo, if you just want a continuance, a form is here:
http://www.courtinfo.ca.gov/forms/fillable/sc110.pdf

If venue isn’t dictated by some special statute, it’s covered at CCP sect. 116.370(a). In all cases, including cases in which the defendant has not appeared or has appeared and does not challenge venue, the court must make a determination that venue is or is not proper after inquiry into the facts. (Don’t rely strongly on that – file a written challenge.) When venue is improper, the court must dismiss the case without prejudice unless all defendants are present and agree that the action may be heard. If the court determines that venue is improper, it may transfer the action to a proper location under local rule (CCP sect.116.370(c)(1)). A defendant need not personally appear to challenge venue or court location; he may do so by writing to the court and mailing a copy of the challenge to each of the parties to the action (CCP sect. 116.370(b)) Improper venue probably can’t be waived by a defendant in Small Claims, either by failure to appear or failure to object; the defendant can probably raise the issue for the first time on appeal or by a motion to vacate the judgment (see Barquis v. Merchants Collection Ass’n (1972) 7 C3d 94, 101 Cal.Rptr. 745). I’d suggest taking a “belt and suspenders” approach and filing a written challenge. Sending something CRRR is not feasible but, if you include an extra copy and SASE, a “conformed copy”, showing the filing date and stamp will be returned to you.

If a defendant challenged venue or court location and does not appear, even if the court determines that venue is proper, it must postpone the hearing for at least 15 days and notify all parties of the new hearing date, time and place (CCP sect. 116.370(c)(2) and Cal Rules of Court 1704).

You’re pretty safe, but don’t sit on this. File your form or write your letter ASAP. (Now, you wanna finish my taxes for me?)