Steffen

Steffen v. Municipal Court

Good Law
145 Cal. Rptr. 782·1978 Cal. App. LEXIS 1448·80 Cal. App. 3d 623
Court of Appeal of CaliforniaMay 4, 1978Civ. 43001California1,251 words

Opinion

Opinion

Wilson, J.

Petitioners, Karen Ann Steffen and Lisa Lynn Grow, seek a writ of mandate directing respondent Municipal Court, Central Judicial District of San Mateo County, to grant their motions for change of venue.

Petitioner Steffen is charged with a violation of Penal Code section 647, subdivision (b), soliciting an act of prostitution, allegedly occurring on September 8, 1977, and petitioner Grow is charged with the same offense allegedly occurring on October 11, 1977. Each has made motions for change of venue in the trial court and has sought appropriate relief in the Superior Court of San Mateo County without success. Each now seeks relief in this court by way of this mandate proceeding.

In a proceeding of this nature an “appellate court may not limit itself to an ‘abuse of discretion’ review; rather, it makes an independent review of the evidence and reaches a de novo decision.” (Corona v. Superior Court (1972) 24 Cal.App.3d 872, 875 [ 101 Cal.Rptr. 411 ]; Maine v. Superior Court (1968) 68 Cal.2d 375 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ].)

A motion for change of venue should be granted when the defendant shows “ ‘a reasonable likelihood that in the absence of such relief, a…

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