Cubic Corp. v. Superior Court

This timely (Code Civ. Proc., § 400) 1 petition seeks review of an order denying petitioners’ motion for change of venue from Alameda *624 County to San Diego County. As will be seen, we agree that venue in Alameda is improper, and issue our writ accordingly. The background relevant to our discussion follows.

Real party in interest, Steven A. Warren, had been employed by United States Elevator since 1972. In April of 1985, however, he was terminated— wrongfully, according to the allegations of his complaint. Petitioners, Cubic Corporation, United States Elevator Corporation, Edward F. Helsley and D. Gary Ryans, are the defendants in Warren’s action below, which seeks damages in causes of action alleging breach of contract, wrongful termination, intentional infliction of emotional distress, and conspiracy.

Helsley is joined as an individual defendant with the corporate defendants in the third and fourth causes of action for emotional distress and conspiracy; Ryans is joined only in the conspiracy cause of action. Notably, the individual defendants are not joined in the contract causes of action against the corporate defendants. Helsley moved below to change venue to San…