Anaheim Extrusion Co. v. Superior Court

Anaheim Extrusion Company challenges respondent’s

order granting Classic Molding Company’s motion for a change of venue, as well as the order granting Classic’s request for reasonable expenses and attorneys fees.

*1203 Anaheim filed a complaint against real party for goods sold and delivered. The complaint was filed in Orange County. Shortly thereafter Classic filed a motion for change of venue, thereby seeking to have the action transferred to Los Angeles County. Classic also requested reasonable expenses and attorneys fees pursuant to Code of Civil Procedure section 396b, subdivision (b). 1 Respondent granted Classic’s motion and request. Anaheim now seeks a writ of mandate under section 400. We stayed enforcement of respondent’s orders pending resolution of this petition.

Anaheim contends Classic did not carry its burden of showing venue was improper under all grounds listed in section 395.5. Section 395.5 provides: “A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is…