Legal Opinion
Mitchell v. Superior Court
California Court of Appeal
Decided October 31, 1986No. B020374PublishedCited by 3 opinions
1Opinion of the Court
Opinion
WOODS, P. J.
This original proceeding in mandate presents a venue question. Petitioner seeks to overcome the general venue rule, in breach of contract actions, that the county in which the contract was made shall be deemed to be the county in which defendant was to perform. The question presented is what contractual provisions constitute “a special contract in writing to the contrary” within the meaning of Code of Civil Procedure section 395, subdivision (a).
The superior court appellate department held, following two prior reported appellate department decisions, that the statutory…
2Cases cited15 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
- Armstrong v. SmithCalifornia Court of Appeal · 1942
- Ward Manufacturing Co. v. MileyCalifornia Court of Appeal · 1955
- Hearne v. De YoungCalifornia Supreme Court · 1896
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3Cited by3 opinions
- Fontaine v. Superior CourtCalifornia Court of Appeal · 2009
- Tutor-Saliba-Perini Joint Venture v. Superior CourtCalifornia Court of Appeal · 1991
- Anchor Marine Repair Co. v. MagnanCalifornia Court of Appeal · 2001