Delgado
Delgado v. Superior Ct. of Sacramento Cty.
Opinion
Opinion
Paras, J.
—Petitioners seek a writ of mandate after the Sacramento Superior Court ordered this action transferred to Yolo County for trial.
On or about December 28, 1976, on Highway 16 in Yolo County, Robert and Mary Delgado’s 1972 Chevrolet collided with a Yolo County sheriff’s car occupied by Sheriff’s Officers Louis Delgatto and Dennis Oliver. Mary was killed and Robert suffered serious injuries. On April 22, 1977, Robert, Mary’s three minor children, and Mary’s other heirs filed this action in Sacramento County for property damage, personal injuries and wrongful death against the seller of the Chevrolet (they bought it used in 1974 from a Sacramento dealership. Lew Williams Chevrolet Center), the manufacturer, General Motors Corporation and the County of Yolo.
On May 11, 1977, prior to any responsive pleadings, Yolo County filed a notice of motion to transfer venue to Yolo County under Code of Civil Procedure section 394. A hearing was set for June 2, 1977. Petitioners filed written opposition to the motion on May 25, 1977. The next day. May 26, 1977, seven days before the June 2. 1977 hearing, Yolo County served by mail and filed a supplemental memorandum of points and…