County of Orange v. Superior Court

Opinion

McGUINESS, P. J.

Plaintiff/real party in interest Debbie Lynn Barrie’s complaint alleged she was arrested in San Francisco on a recalled bench warrant issued by petitioner the County of Orange (sometimes identified as the County). She alleged that on February 2, 1998, she was arrested, strip-searched and jailed by San Francisco police in San Francisco and a few days later, she was transported to Orange County, where she was again strip-searched and jailed. She was subsequently released once it was discovered the bench warrant had been recalled years earlier. She was detained for a total of eight days. She filed this personal injury action in San Francisco alleging damages from negligence and false imprisonment against defendant County of Orange only. Petitioner sought change of venue to Orange County pursuant to Code of Civil Procedure section 394.

1

The trial court denied the motion, reasoning because plaintiff alleged she sustained injuries both in San Francisco and Orange Counties, venue in either county was proper pursuant to section 395. On the County’s petition for writ of mandate and/or prohibition (§ 400), we issued an order to show cause to the parties. Finding the trial court erred in refusing to transfer venue, we now grant the petition.

Discussion

Petitioner argues that so long as plaintiff alleged some of the injuries occurred in Orange County, section 394, subdivision (a), requires the case to be tried there. That section provides in pertinent part: “[A]ny action or proceeding against the city, county, ... for injury occurring within the city, county ... to person . . . caused by the negligence or alleged negligence of such city, county ... or its agents or employees, shall be tried in such county, . . This statute is an exception to the general venue statute (§ 395), which permits venue “either in the county where the injury occurs or the injury causing death occurs or the county in which the defendants, or some of them reside at the commencement of the action, . . .” (§ 395.) For example, if a plaintiff sues both a county and individual defendants who reside outside the county, for injuries occurring within the county, section 394 requires the suit to be tried in defendant county, even though the general venue rules would have permitted trial in

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