Legal Opinion

K.R.L. Partnership v. Superior Court

California Court of Appeal

Decided July 13, 2004No. C045847PublishedCited by 9 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

ROBIE, J.

The question in this mandamus proceeding is one of first impression in California: whether a plaintiff/cross-defendant against whom a compulsory cross-complaint has been filed can seek a change of venue under section 396b of the Code of Civil Procedure 1 based on a claim of improper venue as determined by reference to the cross-complaint. We conclude the answer to that question is “no.” Accordingly, we will deny the petition for a writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

Viewed in the light most favorable to the trial court’s order, the following facts appear: 2

Real…

2Cases cited21 opinions

  1. Ann M. v. Pacific Plaza Shopping CenterCalifornia Supreme Court · 1993
  2. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  3. Hale v. BohannonCalifornia Supreme Court · 1952
  4. Laird v. Capital Cities/ABC, Inc.California Court of Appeal · 1998
  5. People v. WalkerCalifornia Supreme Court · 2002

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3Cited by9 opinions

  1. Westamerica Bank v. Mbg Industries, Inc.California Court of Appeal · 2007
  2. Prawoto v. PrimeLendingDistrict Court, C.D. California · 2010
  3. CALIFORNIA STATE PARKS FOUNDATION v. Superior CourtCalifornia Court of Appeal · 2007
  4. County of Siskiyou v. Superior CourtCalifornia Court of Appeal · 2013
  5. Dow Agrosciences LLC v. Superior Court of Alameda Cnty., California Court of Appeal, 5th District2017

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

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