Dorame v. Superior Court

Opinion

MORRIS, J. —

The County of Orange, real party in interest herein (hereinafter referred to as County), filed a complaint in the Superior Court of Orange County against Michael Anthony Dórame, petitioner herein, seeking reimbursement of public assistance and establishment of child support. Petitioner moved for a change of venue on the ground that the County had brought the action in plaintiff county against a nonresident. Respondent superior court denied the motion, and petitioner now seeks a writ of mandate to compel the court to grant his motion and transfer the action to a neutral county for further proceedings and trial.

The issue is whether, as the County contends, Welfare and Institutions Code section 11350, under which the County brought its action, provides an exception to Code of Civil Procedure section 394, under which petitioner claims a right to have the action transferred.

1

[72]

Section 394 of the Code of Civil Procedure provides in pertinent part: “Whenever an action or proceeding is brought by a county . . . against a resident of another county . . . the action or proceeding must be, on motion of either party, transferred for trial to a county . .. other than the plaintiff... and other than that in which the defendant resides ...

Section 11350 of the Welfare and Institutions Code generally provides that in any case of separation from or desertion of a child by a parent that results in aid being granted to the family, the noncustodial parent shall be obligated to the county for an amount determined according to portions of the section not relevant to the instant dispute. The section then states: “The district attorney shall take appropriate action pursuant to this section in the superior court of the county which provided aid under this chapter.”

Petitioner acknowledges that section 11350 clearly establishes the superior court of the county providing aid as the proper court for initiating an action pursuant to that section. He correctly points out, however, that section 394 is a

removal

or

change of venue