Rosas

Rosas v. Superior Court

Good Law
1994 Cal. App. LEXIS 553·25 Cal. App. 4th 671·30 Cal. Rptr. 2d 609·30 Cal. Rptr. 609·94 Daily Journal DAR 7606
Court of Appeal of CaliforniaJune 3, 1994B081197California2,321 words

Opinion

Opinion

Epstein, J.

In this petition for writ of mandate, petitioners challenge the grant of defendant corporation’s motion to change venue. The issue presented is whether a domestic corporation’s designation of the location of its “principal business office” in its annual domestic stock corporation statement filed with the Secretary of State conclusively fixes the corporation’s “principal place of business” for purposes of venue under Code of Civil Procedure section 395.5. We conclude that it does, and grant the petition.

Factual and Procedural Summary

Petitioners filed this insurance bad faith action against Mercury Casualty Company (Mercury) in the Central District of Los Angeles Superior Court. Mercury moved for change of venue to Orange County on the ground that Los Angeles is not a proper venue under any of the grounds set forth in Code of Civil Procedure section 395.5. It asserted that the contract was not made or to be performed in Los Angeles County; that the alleged breach or injury did not occur in Los Angeles County; and that its principal place of business is in Brea, in Orange County.

Petitioners opposed the motion, asserting that Mercury’s “principal place of business” must…

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