K.R.L. Partnership v. Superior Court

The question in this mandamus proceeding is one of first impression in California: whether a plaintiff/cross-defendant against whom a compulsory cross-complaint has been filed can seek a change of venue under section 396b of the Code of Civil Procedure based on a claim of improper venue as determined by reference to the cross-complaint. We conclude the answer to that question is “no.” Accordingly, we will deny the petition for a writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

Viewed in the light most favorable to the trial court’s order, the following facts appear:

Real party in interest Timothy Pemberton is an attorney who lives and maintains his office in Alpine County. Petitioner K.R.L. Partnership is a partnership with its principal place of business in Amador County. Petitioner Roland Womack is one of the partners in K.R.L. and a resident of Amador County.

Sometime in 1999, Roland and K.R.L. decided to retain Pemberton to perform legal services for them in connection with certain civil rights violations allegedly committed against them by the County of Amador and others. Pemberton prepared a written retainer agreement for Roland and K.R.L. in Alpine County and…