Pearson

Petitioner Queta Pearson, defendant and cross-complainant in an action for divorce seeks a writ of mandate compelling the respondent superior court to vacate and set aside its order denying petitioner’s motion for a change of venue of such divorce action from the City and County of San Francisco to the County of San Diego, and to grant such change of venue.

We set forth a chronology of the original proceedings: On March 28, 1961, real party in interest Bill Pearson (plaintiff and cross-defendant below) filed his complaint for divorce upon the grounds of extreme cruelty; on August 30, 1961, Mrs. Pearson filed her answer to the complaint and also a cross-complaint for divorce upon the grounds of extreme cruelty; on September 7, 1961, Mrs. Pearson served and filed a notice of motion for change of venue, originally to be heard on September 12, 1961, but apparently continued by consent of the parties to September 19, 1961; in the interim, and on September 15, 1961, Mr. Pearson filed a notice of motion to file a supplemental complaint for divorce on the grounds of desertion, and also filed an answer to Mrs. Pearson’s cross-complaint. Both motions were heard by the respondent court on…