Gutierrez v. Superior Court

In this mandamus proceeding the essential question for determination is whether the trial court could disregard the residence of a party who had been sued by a fictitious name, and whose true name was substituted after a motion to change venue, but before the hearing thereon. We •have concluded that the court below was required to consider the residence of such party in determining the motion for change of venue, and that since the residence of such defendant was established to' be in San Francisco County, the trial court erred in ordering a change of venue to Ventura County. In reaching this…