Nguyen

Nguyen v. Superior Court

Good Law
1996 Cal. App. LEXIS 982·49 Cal. App. 4th 1781·57 Cal. Rptr. 2d 611·96 Daily Journal DAR 12679·96 Cal. Daily Op. Serv. 7706
Court of Appeal of CaliforniaOctober 17, 1996A073553California3,534 words

Opinion

Opinion

Lambden, J.

This court issued an alternative writ of mandate pursuant to Code of Civil Procedure section 400 to review the trial court’s denial of Bic Van Nguyen et al.’s (Petitioners) motion to transfer the action to another county pursuant to section 394, subdivision (a), and section 397, subdivision (b). We find the District Attorney of San Mateo County represents the People of the State of California in a red light abatement action (Pen. Code, § 11226), exempting this action from the mandatory transfer provision of section 394, subdivision (a). We also find Petitioners did not establish they would suffer prejudice if a San Mateo County judge tried the case, so refusing to transfer venue pursuant to section 397, subdivision (b), did not constitute an abuse of discretion. Accordingly, we deny the petition for writ of mandate.

Background

The San Mateo County District Attorney in the name of the People of the State of California (People) filed a complaint on January 12,1996, under the Red Light Abatement Law (Pen. Code, § 11226) to abate acts of lewdness and prostitution at the San Mateo businesses of Bay Relaxation and Tanning, Kahala Relaxation and Tanning, and Asian Gardens.…

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