Brennan

This writ proceeding is ancillary to a combined action and proceeding pending in respondent Sutter County Superior Court (the Sutter County action). Petitioners are plaintiffs in the Sutter County action and the real parties in interest are defendants. This writ application was filed after respondent superior court denied plaintiffs’ motion to change venue.

Plaintiffs argue that a change of venue is mandatory because one of the plaintiffs in the Sutter County action, Pleasant Grove Water District, is a “local agency” and one of the defendants is the County of Sutter. Plaintiffs seek a writ of mandate directing the trial court to change venue to a neutral county. (Code Civ. Proc., § 400.)

Plaintiffs rely on Code of Civil Procedure section 394 (hereafter section 394), which provides in pertinent part: “An action or proceeding against a county, or city and county, a city, or local agency, may be tried in such county, or city and county, or the county in which such city or local agency is situated, unless such action or proceeding is brought by a county, or city and county, a city, or local agency, in which case it may be tried in any county, or city and county, not a party…