Mosby

The motion of petitioners, John M. and Marilyn J. Mosby (hereinafter “defendants”), for change of venue was denied by the trial court. They apply herein for a peremptory writ of mandate directing the superior court to set aside the denial of the motion and to order the place of trial changed to Santa Barbara County, the county of defendants’ residence. We issued an order to show cause and stayed further proceedings in the trial court pending further order of this court.

The real party in interest, Walter J. Lucas (hereinafter “plaintiff”), filed a verified complaint in the Superior Court of Shasta County setting forth four causes of action and naming the defendants individually and doing business as Mosby Ranches and Cottonwood Freight Lines. There were two other named defendants, “Mosby Ranches, a partnership” and “Cottonwood Freight Lines, a partnership.” Plaintiff seeks declaratory relief, injunctive relief, appointment of a receiver, an accounting and damages. The causes of action all rise from a contractual relationship between plaintiff and the defendants wherein the plaintiff, for compensation, undertook to supervise, control and direct certain of defendants’…