First National Bank of Boston v. United States District Court for the Central District of California

Petitioner, The First National Bank of Boston, a National Banking Corporation (the Bank), applies for a writ of mandamus directing a United States District Judge for the Central District of California to vacate and set aside his order denying Petitioner’s motion to dismiss or in the alternative to transfer the case entitled, “Jose Navarrete, Plaintiff v. First National Bank of Boston, a National Banking Corporation, Defendant” to the United States District Court for the District of Massachusetts. 1

*182 First, it is essential to ascertain the nature of the Navarrete action.

For a First Cause of Action Navarrete alleges that he is a resident of Whittier, California; that the amount in controversy exceeds $10,000, and that the Bank has its principal place of business in Massachusetts but maintains an office for the transaction of business in Los Angeles County, California; that in January 1935 he was employed by the Bank in Havana, Cuba; that he never received any notice of termination of employment; that he did not resign; that the Bank had a Pension Plan for its employees, to wit, 70 percent of their highest monthly income (in Navarrete’s case allegedly $1,100 a- month); that on…