Lebastchi

In this mandamus proceeding, we decide a venue question where an individual is joined as a defendant on an alter ego theory in a breach of contract action against a corporation. May the individual defendant transfer the action to the county of his or her residence when the action has been properly laid in a different county as to the corporate defendant? We decide for the purposes of venue, the alter ego allegation places the individual in the same position as the corporation, as a party to the contract. Venue is then proper where the action could be laid for breach of contract against an individual or corporate defendant. We conclude the court here correctly denied the motion to transfer, leaving the breach of contract action against the individual and corporate defendants in San Diego County where the contract was allegedly executed, to be performed and breached. Accordingly, we deny the petition and vacate the stay.

Factual and Procedural Background

Poway Wal-Mart Plaza (Poway) filed an action for breach of a commercial real property lease against Chubby’s, Inc. (Chubby’s) and Steven Lebastchi (Lebastchi) in San Diego County on October 21, 1994. The complaint alleged…