Golden Gate Bridge, Highway & Transportation District v. Superior Court

The Golden Gate Bridge, Highway and Transportation District (Golden Gate) seeks a peremptory writ of mandate compelling a change of venue pursuant to Code of Civil Procedure section 394, subdivision (a) (hereafter section 394(a)). Upon consideration of the petition and preliminary opposition filed by real party in interest R&B Protective Coatings, Inc. (R&B), we issued a Palma notice (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ]), advising the parties that we were considering issuing a peremptory writ of mandate in the first instance and allowing a final opportunity to submit any opposition. R&B filed opposition and a request for judicial notice. We grant the request for judicial notice. We conclude that the issue presented is strictly a question of law and that a change of venue is mandatory. We therefore direct the issuance of a peremptory writ of mandate.

BACKGROUND

The relevant background facts are not in dispute here. Golden Gate entered into a contract with Balfour Beatty Construction, Inc. (Balfour Beatty), for a seismic retrofit project. Balfour Beatty entered into a contract with R&B to provide paint…