Gutierrez
Gutierrez v. Superior Court
Opinion
Opinion
Molinari, J.
In this mandamus proceeding the essential question for determination is whether the trial court could disregard the residence of a party who had been sued by a fictitious name, and whose true name was substituted after a motion to change venue, but before the hearing thereon. We •have concluded that the court below was required to consider the residence of such party in determining the motion for change of venue, and that since the residence of such defendant was established to' be in San Francisco County, the trial court erred in ordering a change of venue to Ventura County. In reaching this conclusion we have -determined that the trial court was also in error in finding that ..plaintiff’s ¡joinder of such party defendant was not made in good faith.-
In the instant action a complaint • for damages for personal injuries was filed on January 11, 1966 by plaintiff in San Francisco County naming Ojai Valley Inn, Ojai Hotel Company, Northrop Architectural Systems and 15 Does as defendants. The complaint alleged that plaintiff sustained injuries when she came into contact with certain sliding glass doors while a paying lodger at the Ojai Valley Inn. It was alleged that defendants Ojai…