County of Riverside v. Superior Court

BURKE, J.

Petitioner County of Riverside seeks prohibition and mandamus to compel respondent Superior Court of San Diego County to (1) set aside a temporary restraining order and order to show cause issued February 7, 1968, in an action brought against petitioner in respondent court by Desert Outdoor Advertising, Inc. et al. (Desert), real parties in interest herein, (2) set aside a minute order of February 19, 1968, ordering transfer of the action to the Superior Court of San Mateo County, and (3) order the action transferred to Riverside County. We have concluded that Code of Civil Procedure section 395, subdivision (l),

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places venue of the action in the County of Riverside and that petitioner is entitled to the relief sought.

Desert commenced the main action on January 9, 1968, when it filed its complaint in respondent court seeking to have declared invalid an ordinance of the County of Riverside regulating the use of display advertising signs, in the construction and maintenance of which Desert is engaged, and also asking that enforcement of the ordinance be enjoined pending trial. Named as defendants, in addition to the County of Riverside, were numerous officers of that county and several municipal and justice courts of judicial districts situated within Riverside County.

On January 26 all defendants in the main action filed a demurrer,to the complaint, and also a notice that on February 14, at 1:45 p.m., they would move for an order that the action be transferred to the Superior Court of Riverside County, on (1) the ground that all defendants resided in Riverside County (see §395, subd. (1)) and (2) the grounds set forth in section 393, subdivision (1) (b).

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The notice further stated that should the motion on those grounds be denied, then defendant County of Riverside would move for itself under section 394 for an order transferring venue to the Superior Court of San Bernardino County.

On February 14, at 10:55 a.m., Desert caused a written

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dismissal of the action without prejudice to be filed as to all defendants except petitioner county. Meantime, on February 7 Desert obtained the temporary restraining order and order to show cause, the vacation of which is one of the objectives of the present proceeding.