Morrison

Petitioner Gary Morrison, defendant below, seeks a writ of mandate compelling the Superior Court of Orange County to vacate its order denying his motion for change of venue.

Real parties in interest are the plaintiffs in a civil action against defendant in the superior court. The first cause of action is a civil paternity action brought by the District Attorney of Orange County pursuant to the Uniform Parentage Act, Civil Code section 7006, seeking a determination of parentage and support for the minor child. The second cause of action is brought by plaintiff County of Orange (County), seeking reimbursement for support and maintenance furnished the minor by County.

Defendant Morrison moved for change of venue to a neutral county pursuant to Code of Civil Procedure section 394, which provides in pertinent part as follows: “Whenever an action or proceeding is brought by a county. . . against a resident of another county. .. the action or proceeding must be, on motion of either party, transferred for trial to a county. ..other than the plaintiff. . .and other than that in which the defendant resides. .. . ”

The motion for change of venue was denied without a statement of…