City of Alameda v. Superior Court

Opinion

SIMS, Acting P. J.

An alternative writ of mandate was granted pursuant to the provisions of section 400 of the Code of Civil Procedure to review the action of the trial court in denying petitioner’s motion for a change of venue which was predicated upon the provisions of section 394 of that code. In support of the order it is contended that the provisions of the section leave the question of the proper place of trial to the discretion of the trial court when an action between two cities in the same county is involved. It is concluded that the provisions of the section require a change…