Legal Opinion

Foundation Engineers, Inc. v. SUPERIOR COURT OF SANTA CLARA CTY.

California Court of Appeal

Decided October 1, 1993No. H011398PublishedCited by 5 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

WUNDERLICH, J.

1. Introduction

We determine below a question of first impression: What is the proper venue for an action based on the negligent design and construction of a building?

Petitioners Foundation Engineers, Inc., and The Twining Laboratories, Inc., seek a statutory writ of mandate following denial of a motion to change venue to the county where the buildings are located. We will grant the writ for reasons stated below.

2. Trial court proceedings

On July 9, 1991, plaintiff Olivewood I Professional Offices Owners Association (property owner) filed a complaint in Santa Clara County…

2Cases cited16 opinions

  1. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  2. Smith v. SmithCalifornia Supreme Court · 1891
  3. Peiser v. MettlerCalifornia Supreme Court · 1958
  4. MacK v. Hugh W. Comstock Associates, Inc.California Court of Appeal · 1964
  5. Turlock Theatre Co. v. LawsCalifornia Supreme Court · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Prawoto v. PrimeLendingDistrict Court, C.D. California · 2010
  2. Dow Agrosciences LLC v. Superior Court of Alameda Cnty., California Court of Appeal, 5th District2017
  3. Cooper v. Chevron U.S.A., Inc.New Mexico Supreme Court · 2002
  4. Cooper v. Chevron U.S.A., Inc.New Mexico Supreme Court · 2002
  5. Dow Agrosciences LLC v. Superior CourtCalifornia Court of Appeal · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API