Karson Industries, Inc. v. Superior Court

[8]

SHOEMAKER, P. J.

Its motion for a change of venue having been denied, defendant corporation petitions for a writ of mandate directing trial of the case to be had in the proper court.

The pleadings disclose that plaintiff, a dealer in mobile homes, brought this action for breach of contract in the Superior Court of Contra Costa County against defendant manufacturer of mobile homes.

Plaintiff alleges that it placed four separate verbal orders with defendant for mobile homes for customers of plaintiff, all of which were accepted by defendant, and that defendant thereafter “wrongfully, and without just cause or provocation, cancelled said orders and breached its agreements with plaintiff. ’ ’

Defendant corporation in due time made a motion under Code of Civil Procedure, sections 396b and 397, subdivision 1, for change of venue from Contra Costa County to San Bernardino County, where it has its principal place of business, on the ground that Contra Costa County was not one of the five permissible places where a defendant corporation may be sued under California Constitution, article XII, section 16. Defendant simultaneously filed an affidavit in support of the motion, and a demurrer alleging that the complaint did not set forth a cause of action (oral contract for-sale of goods over $500). Plaintiff, real party in interest in this action, filed the counteraffidavit of its vice-president and a copy of a letter from the sales manager of defendant which plaintiff contends operated as an anticipatory breach of the contract.

By order of February 26,1969, motion for a change of venue was denied and the demurrer sustained.

In California there are five potential counties of proper venue for contract actions against a corporation: (1) where the contract is made; (2) where the contract is to be performed; (3) where the obligation or liability arises; (4)

where the breach occurs-,

(5) where the principal place of business of such corporation is situated. (Cal. Const., art. XII, § 16; 1 Chadbourn, Grossman, Van Alstyne, Cal. Pleading, § 334.)