State of California v. Superior Court

A complaint was filed in the Superior Court of the State of California in and for the County of Sacramento by Beatrice Vincent against the State of California and Lorenzo Bertolucci. She alleges that she was riding in an automobile driven by her husband on Highway 50 in El Dorado County when she sustained injury by reason of the negligence of the state in maintaining a dangerous condition of public property and of defendant Bertolucci in driving his automobile. The combined import of her complaint and affidavits filed in support of the countermotion to retain venue is that at that time and place her husband, without warning by way of flagman, sign or other signal, was suddenly confronted with a Department of Public Works road construction crew and equipment obstructing the highway. Forced to slow and stop, he was struck from the rear by defendant Bertolucci.

Relying on Government Code section 955.2, defendant State of California, without answer or demurrer, filed a motion to change venue to El Dorado County, the county where the alleged injuries occurred. Plaintiff filed a counter-motion to retain jurisdiction in Sacramento County and apparently was joined therein by defendant…