General Motors Corp. v. Superior Court

This petition by General Motors Corporation for writ of mandate (Code Civ. Proc., § 400) challenges a trial court ruling denying change of venue. It raises issues concerning where a class action may be brought and what showing must be made by a defendant seeking to change venue. We have concluded that venue in Alameda County is not proper and that the writ should issue.

The complaint, filed in Alameda County Superior Court by real party in interest John Junglas, alleges defects in the 1981 Cadillac V-8-6-4 engine causing unexpected surges, delays, and cessations of power. Plaintiff seeks to represent a class of plaintiffs suing General Motors Corporation, Rector Cadillac, and various Doe defendants for defects in design, manufacturing, and servicing, for breach of implied and express warranties, and for misrepresentations.

After service and before answering the complaint, General Motors Corporation moved for a change of venue to Los Angeles County, asserting that neither General Motors nor Rector Cadillac, a San Mateo County dealership, had its principal place of business in Alameda County, and that the contracts were not made, to be performed, or breached in Alameda…