All-Cool Aluminum Awning Co. v. Superior Court

Pursuant to section 400 of the Code of Civil Procedure, All-Cool Aluminum Awning Co., one of the defendants in Kern County action No. 87669, entitled J. Williams, Plaintiff, v. John Matzenbacher et al., has applied for a writ of mandate requiring that court to set aside its order changing the venue to San Luis Obispo County.

*662 The plaintiff in the case below, J. Williams, as assignee of Century Building Credits of Southern California, originally filed the action in the Municipal Court of the Bakersfield Judicial District in Kern County by suing on two contracts in separate causes of action. The first of these contracts names All-Cool Aluminum Awning Co. as seller and John Matzenbacher and Henriette Matzenbacher as buyer; the seller sold and the buyer bought “... all the materials, labor and and services necessary to install, construct and improve on the real property...” specifically described as an “... enclosed patio room with sliding glass windows and aluminum panels” at Shell Beach in San Luis Obispo County. Under the heading “Terms of This Contract,” the purchasers promised “. . . to pay the Time Price Balance designated herein and in the manner specified,” and to pay a…