CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 712Introduced by Assembly Member BloomFebruary 15, 2017 An act to amend Section 399 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 712, as introduced, Bloom. Civil actions: change of venue.Existing law provides that the proper court for trial of a proceeding to enforce a child support obligation is the superior court in the county where the child resides. Existing law authorizes a court, on motion, to change the place of trial in certain cases, and requires the court to which the case is transferred to have and exercise jurisdiction over the case as if it had been originally commenced in that court.This bill would require a court transferring jurisdiction to retain jurisdiction to issue emergency orders concerning child custody or visitation if another court has not assumed jurisdiction over the action or proceeding. The bill would also make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 399 of the Code of Civil Procedure is amended to read:399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 712Introduced by Assembly Member BloomFebruary 15, 2017 An act to amend Section 399 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 712, as introduced, Bloom. Civil actions: change of venue.Existing law provides that the proper court for trial of a proceeding to enforce a child support obligation is the superior court in the county where the child resides. Existing law authorizes a court, on motion, to change the place of trial in certain cases, and requires the court to which the case is transferred to have and exercise jurisdiction over the case as if it had been originally commenced in that court.This bill would require a court transferring jurisdiction to retain jurisdiction to issue emergency orders concerning child custody or visitation if another court has not assumed jurisdiction over the action or proceeding. The bill would also make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 712
Introduced by Assembly Member BloomFebruary 15, 2017
Introduced by Assembly Member Bloom
February 15, 2017
An act to amend Section 399 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 712, as introduced, Bloom. Civil actions: change of venue.
Existing law provides that the proper court for trial of a proceeding to enforce a child support obligation is the superior court in the county where the child resides. Existing law authorizes a court, on motion, to change the place of trial in certain cases, and requires the court to which the case is transferred to have and exercise jurisdiction over the case as if it had been originally commenced in that court.This bill would require a court transferring jurisdiction to retain jurisdiction to issue emergency orders concerning child custody or visitation if another court has not assumed jurisdiction over the action or proceeding. The bill would also make nonsubstantive changes to that provision.
Existing law provides that the proper court for trial of a proceeding to enforce a child support obligation is the superior court in the county where the child resides. Existing law authorizes a court, on motion, to change the place of trial in certain cases, and requires the court to which the case is transferred to have and exercise jurisdiction over the case as if it had been originally commenced in that court.
This bill would require a court transferring jurisdiction to retain jurisdiction to issue emergency orders concerning child custody or visitation if another court has not assumed jurisdiction over the action or proceeding. The bill would also make nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 399 of the Code of Civil Procedure is amended to read:399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 399 of the Code of Civil Procedure is amended to read:399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
SECTION 1. Section 399 of the Code of Civil Procedure is amended to read:
### SECTION 1.
399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.
399. (a) When If an order is made transferring an action or proceeding under any of the provisions provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or of the action or proceeding, or, if the pleadings be oral are oral, a transcript of the same) pleadings, to the clerk of the court to which the same action or proceeding is transferred. When If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, filed by the party making the motion for the transfer. When If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees (including fees, including any expenses and attorneys fees awarded to the defendant pursuant to Section 396b) 396b, shall be paid by the plaintiff before the transfer is made; and if made. If the defendant has paid those costs and fees at the time of filing a notice of motion, the same those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been so paid by the plaintiff within five days after service of notice of the transfer order, then any other party interested therein, in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall thereupon transmit the papers and pleadings therein of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and the same those costs and fees shall be a proper item of costs of the party so paying the same, them, recoverable by that party in the event if that party prevails in the action; otherwise, the same action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded the plaintiff in the event the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, or if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court prior to before satisfaction of the courts order for costs and fees. When If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order.
(b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court.
(c) The court to which an action or proceeding is transferred under this title shall have and exercise over the same action or proceeding the like jurisdiction as if it had been originally commenced therein, in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court.
(d) Notwithstanding subdivision (c), the court transferring jurisdiction of an action or proceeding pursuant to Section 398 shall retain jurisdiction to issue emergency orders related to child custody or visitation if another court has not assumed jurisdiction over the action or proceeding.