In Re: Plaintiff: SANCTUARY HOUSE, INC., v. Defendants: GARRISON KRAUSE; SILVIA JIMENEZ KRAUSE; and RANCHO PACIFICO, S.A., a Costa Rican corporation., 177 P.3d 1256

Summary

Plaintiff alleged that despite paying for real property located in Costa Rica, defendants failed to convey it. Plaintiff brought suit in Colorado seeking rescission of the parties' contract, damages, attorneys' fees and an accounting. The trial court ruled that the action was one "affecting real property" within the meaning of Colo. R. Civ. P. 98(a), and ordered the case transferred to Costa Rica, where the real property was located. The supreme court issued a rule to show cause why the trial court's order should not be reversed. The supreme court held that because venue was subservient to jurisdiction, the trial court was not deprived of subject matter jurisdiction over the action. Plaintiff's action was not one "affecting real property" within the meaning of Colo. R. Civ. P. 98(a), because it was not shown that the ownership of the land in question was disputed. Furthermore, plaintiff sought contract remedies and did not seek any remedies pertaining directly to the property.