United Pac. Ins. Co. v. Superior Court of Sutter Cty.

Petitioners are: United Pacific Insurance Company, a Washington corporation which claims to have a principal place of business in the City and County of San Francisco,- Gardiner Johnson, an individual who has his office in San Francisco but is a resident of Alameda County; and Eunice V. Hilliard, a resident of Alameda County. Petitioners are defendants in a wrongful attachment action pending in Sutter County. United Pacific and Gardiner Johnson filed separate motions for change of venue to San Francisco. Both United Pacific and Mrs. Hilliard consented to the change of venue sought by Johnson. Their motions having been denied by the trial court, they seek relief by mandate under Code of Civil Procedure section 400.

The action is the outgrowth of a suit for attorney fees in which Mrs. Hilliard, as Johnson’s assignee for collection, was plaintiff and E. T. and Roberta Latta were defendants. The suit was filed in the San Francisco Superior Court. A writ of attachment was issued in San Francisco and levied on the Latías' bank account in Sutter County. Later the Hilliard action was transferred to the United States District Court and terminated in the Latías’ favor. This wrongful…