Morrison v. Superior Court

Opinion

MORRIS, J.

Petitioner Gary Morrison, defendant below, seeks a writ of mandate compelling the Superior Court of Orange County to vacate its order denying his motion for change of venue.

Real parties in interest are the plaintiffs in a civil action against defendant in the superior court. The first cause of action is a civil paternity action brought by the District Attorney of Orange County pursuant to the Uniform Parentage Act, Civil Code section 7006, seeking a determination of parentage and support for the minor child. The second cause of action is brought by plaintiff County of Orange (County), seeking reimbursement for support and maintenance furnished the minor by County.

[854]

Defendant Morrison moved for change of venue to a neutral county pursuant to Code of Civil Procedure section 394, which provides in pertinent part as follows: “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. .. . ”

The motion for change of venue was denied without a statement of reasons, and defendant applied to this court for a peremptory writ of mandate, contending that he has a right to have the action transferred to a neutral county as a matter of law.

The second cause of action is brought by the County under the authority of Welfare and Institutions Code section 11350, which 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 to be determined as provided therein. The section further provides that, “The district attorney shall take appropriate action pursuant to this section in the superior court of the county which provided aid under this chapter.”

In

Dorame

v.

Superior Court