Alexander

In this mandate action we are asked to decide whether a contractual venue selection clause is dispositive of the proper venue for an action on the contract. We conclude that to the extent the clause is inconsistent with the statutory venue scheme it is invalid.

A. FACTUAL AND PROCEDURAL BACKGROUND

This matter involves two cases that raise the identical issue on similar facts. Plaintiff and real party in interest in both cases is the Brix Group, Inc., doing business as American Wireless (Brix). Defendants and petitioners are Dean Alexander, individually and doing business as Blah, Blah, Blah (Alexander) and Jeff Bellamy and Lori Bellamy, individually and doing business as Execu-Tech Communications (Bellamy) (collectively, defendants).

Brix is an agent for national cellular service providers like Nextel and Verizon. The Brix headquarters are in Santa Clara County and its branch offices are located throughout the United States. One branch office is in Fresno County.

Defendants are located in Fresno County and separately contracted with Brix to serve as sales agents for cellular service. Defendants both executed Brix’s “Agency Agreement,” which sets out the general terms…