Lynch v. Superior Court

Good Law
1970 Cal. App. LEXIS 2225·7 Cal. App. 3d 929·86 Cal. Rptr. 925
Court of Appeal of CaliforniaMay 22, 1970Civ. 28132California1,195 words

Opinion

Opinion

Taylor, J.

Real party, Richard F. Verbrugge, was, prior to June 6, 1968, employed as senior narcotic agent with the State Department of Justice. He was assigned to the San Francisco office of the Bureau of Narcotic Enforcement. Effective June 6, 1968, he was dismissed from his position by the department, and the State Personnel Board affirmed his dismissal-and denied a rehearing.

Having exhausted his administrative remedies, Verbrugge sought judicial review of the decision of the State Personnel Board by means of a mandamus proceeding filed in the Superior Court of Santa Cruz County, pursuant to the provisions of Code of Civil Procedure section 1094.5. Petitioners’ motion for a change of venue to the Superior Court of the State of California, in and for the City and County of San Francisco, on the ground that Verbrugge’s cause of action arose in San Francisco within the meaning of Code of Civil Procedure section 393, subdivision (l)(b), was denied, and petitioners then filed a petition for a writ of mandate with this court, pursuant to section 400 of the Code of Civil Procedure, requesting the transfer. We have concluded that the writ should be granted.

Venue in a mandamus action…

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