Lieberman

In this proceeding in mandamus, Michael Lieberman (petitioner), a plaintiff in a personal injury action, seeks to vacate the order of the court below granting the motions of the State of California and Volkswagen of America, Inc., and Volkswagenwerk Aktiengesellschaft to transfer the venue of his action from Los Angeles County to Inyo County. The motions were brought under Code of Civil Procedure section 397, subdivision 3, which permits such transfer “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” We grant the petition.

This action arises from a single vehicle accident that occurred at 8 o’clock in the morning on November 27, 1982, when a Volkswagen “micro bus” van allegedly rolled over on a stretch of state Highway 190 in Inyo County. The only witnesses to the accident were petitioner, who was a passenger in the van, and William Mitchell, the driver. As a result of the accident, petitioner is a paraplegic.

On June 9, 1983, petitioner filed suit in the Superior Court of Los Angeles County. Named in his complaint were Volkswagenwerk, A.G., Volkswagen of America, Inc., Volkswagen Pacific, Inc., and the State of California.…