Moreland Investment Co. v. Superior Court

Eminent domain action brought by San Diego Gas & Electric Company (SDG&E) pursuant to its condemnation power (Pub. Util. Code, § 612) to condemn unimproved real property in San Diego County owned by Moreland Investment Company, a California corporation whose principal place of business is in Ventura County, and which does no business in San Diego County. Moreland moved to change the place of trial to Orange County pursuant to Code of Civil Procedure sections 394 and 397. Under section 394, Moreland contend ed SDG&E is a “local agency” within the meaning of the statute, and since Moreland does not do business in this county, the statute compels transfer. Under section 397, Moreland contended the convenience of witnesses and promotion of the ends of justice were furthered by change of venue to Orange County because there is pending in that county another eminent domain action brought by Otay Municipal Water District to condemn additional portions of Moreland’s San Diego County land. The trial court refused to transfer this action, and Moreland seeks a writ of mandate from this court to compel removal of the action to Orange County.

The order denying transfer was served on…