Hall

This is a petition for a writ of mandate seeking to compel the Superior Court of Alameda County to grant a motion for change of venue to Mendocino County.

The Facts

The real party in interest, Fred J. Walker, hereinafter referred to as the respondent, commenced an action in Alameda County against the petitioner for the recovery of installments allegedly due on a contract for the sale of laundry and cleaning equipment or for rescission. The verified complaint alleged an agreement between the respondent and the petitioner wherein the petitioner agreed to pay the consideration plus interest to the respondent at Berkeley, County of Alameda, California. The complaint did not allege whether the agreement was oral or written, nor where it was entered into. The petitioner filed a demurrer to the complaint and a motion for change of venue from Alameda County to Mendocino County. In support of his said motion the petitioner filed an affidavit stating that he was a resident of Mendocino County, that the contract in question was oral, and that it was entered into in Mendocino County. Upon being advised of the date of the hearing of said motion, the petitioner’s attorney wrote to…