Forster

Here we hold that the San Luis Obispo Superior Court had a mandatory duty to transfer wife’s action for legal separation to Amador County, the county of husband’s residence, upon his timely motion pursuant to Code of Civil Procedure section 396b, subdivision (a). We order a peremptory writ of mandate to issue vacating the July 17, 1992, order of respondent court and commanding respondent court to issue an order transferring the San Luis Obispo County action to Amador County.

Procedural History

Judith S. Forster (Wife) and Jerome F. Forster (Husband) were married in November 1988 and resided in Amador County during their entire three-year marriage. Husband continues to live in Amador County. Wife left Amador County on May 7,1992, and moved to San Luis Obispo County. She filed a petition for legal separation in San Luis Obispo County on May 11, 1992, acknowledging in the petition that the date of separation was May 7, 1992. She also sought restraining orders against Husband. Before otherwise appearing in the action, Husband moved for transfer of the action to Amador County, the county of his residence, pursuant to section 396b, subdivision (a).

Wife opposed the motion on…