Ford Motor Credit Co. v. Superior Court

[308]

Opinion

TURNER, P. J.

Defendants, Ford Motor Credit Company (Ford) and two of its supervisory employees, Merlene Olmstead and Dalyne Conner, have been sued by plaintiffs, Jeffrey and Anita Danford, alleging racial discrimination, hostile work environment, and retaliation in violation of the Fair Employment and Housing Act (FEHA). (Gov. Code,

1

§ 12940 et seq.) Defendants contend the respondent court abused its discretion in denying their motion for a change of venue from Los Angeles to Sacramento County. We agree and issue our peremptory writ of mandate.

The particular acts of racial discrimination, harassment, and retaliation alleged to have been perpetrated by defendants against plaintiffs are set forth in detail in their complaint, filed April 10,1996. Suffice it to note that all of these alleged acts occurred in Sacramento County. This was where plaintiffs were employed at Ford’s Sacramento office. However, plaintiffs filed their complaint in Los Angeles County, where they now reside. On May 22,1996, defendants filed a motion to change venue to Sacramento County because: (1) the alleged discrimination occurred there; (2) the records relevant to the case were maintained there; and (3) it was the county in which plaintiffs would have worked but for defendants’ alleged unlawful conduct. The uncontroverted evidence adduced before the respondent court indicated: plaintiffs had been employed by Ford solely in Sacramento County; Ms. Olmstead and Ms. Conner worked with plaintiffs only in Sacramento County; Ford’s office was still in Sacramento County; all the pertinent employment records were maintained in Sacramento County; and no unlawful employment practice was alleged to have occurred in Los Angeles County. The respondent court denied the motion on July 2,1996. Defendants then filed this petition.

We review an order denying a venue change motion utilizing the abuse of discretion standard. (Wrin v.

Ohlandt

(1931) 213 Cal. 158, 159 [1 P.2d 991];

Thompson

v.