Scribner

Petitioner John Scribner, defendant in a paternity suit, seeks mandate to compel respondent, Superior Court of Sonoma County, to transfer venue to Fresno County, where he resides.

The suit was filed in Sonoma County by the district attorney for that county on behalf of Eva K. Schmidt, a resident. The complaint alleges that petitioner is the father of Miss Schmidt’s son and asks that petitioner be required to support the child. Before filing an answer, petitioner moved for change of venue to Fresno County, the county of his residence. The district attorney filed a counteraffidavit requesting that the action be retained in Sonoma County for “the convenience of the Plaintiff and wit *766 nesses and in the interests of justice.” The trial court denied petitioner’s motion for a change of venue.

The petitioner’s motion should have been granted. The general principle of transferring to the county of the defendant’s residence is stated in Code of Civil Procedure section 395, subdivision (a). Code of Civil Procedure section 396b provides that the court may retain the action in the county where it was commenced if it appears that the convenience of witnesses or the ends of…