Laurel Crest, Inc. v. Superior Court

FRAMPTON, J.

pro tern.

*

— Petitioners seek a writ of mandate to compel the respondent court to set aside its order transferring a cause of action, for trial, from the County of Los Angeles to the County of Kern, State of California.

Mandate is the appropriate remedy if petitioners are entitled to relief (Code Civ. Proc., § 400), and the right to

[70]

the relief prayed for must be measured in the light of the allegations contained in the complaint on file in the respondent court.

(Miller & Lux

v.

Kern County Land Co.,

140 Cal. 132, 133-134 [73 P. 836] ;

Cohen

v.

Hellman Commercial T. & S. Bank,

133 Cal.App. 758, 765 [24 P.2d 960] ;

San Fernando Valley C. of C.

v.

Thomas,

123 Cal.App.2d 348, 350 [266 P.2d 891].)

The complaint below shows that petitioners are plaintiffs in a cause of action filed February 17, 1965, in the respondent court entitled “Laurel Crest, Inc., a corporation, and Can Am Hangar Corp., a corporation, joint venturers, doing business under the fictitious firm name of Wiley Land Co., a joint venture, Plaintiffs, vs. Wayne Vaughn and Evelyn G. Vaughn, individually and as husband and wife, James E. Smith and Violet M. Smith, individually and as husband and wife, Joe Fambrough and Marie H. Fambrough, individually and as husband and wife, Jo Ann Investment Co., a corporation, Javico, Inc., a corporation, AGV Co., Inc., a corporation, Edmaco, Inc., a corporation, Evaco, Inc., a corporation, as co-partners doing business under the firm name and style of Golden State Homes, a general partnership, Does I through X, inclusive, Defendants, Number NW C 6260.”