Wilson v. Superior Court
William C. Wilson (Wilson) and his law firm Wilson Getty LLP (collectively “petitionersâ€) are the defendants in an action pending in Los Angeles Superior Court. They have filed a petition for writ of mandate challenging an order denying their motion to transfer venue of the pending action to San Diego County. After considering their petition, this court concluded that San Diego County was in fact the proper venue for the pending action. Accordingly, this court issued an order pursuant to Palma v. U.S. Industrial Fasteners Inc. (1984) 36 Cal.3d 171, 180 (Palma), notifying the superior court that we intended to issue a peremptory writ in the first instance unless the superior court vacated its denial order and issued a new order transferring the action to San Diego County. As part of the Palma order, this court issued a temporary stay of all proceedings in the pending action.
After a hearing on the matter, the superior court notified this court of its decision not to comply with our order issued pursuant to Palma. We directed the plaintiff and real party in interest, San Marino Skilled Nursing & Wellness Centre, LLC (San Marino Centre) to file a response to the petition for writ of mandate. Neither petitioners nor San Marino Centre have requested oral argument before this court.
We hereby issue a peremptory writ in the first instance directing the superior court to vacate its order denying petitioners’ motion to transfer venue of the underlying action to San Diego County, and issue a new order granting said motion. The temporary stay is now lifted and the matter may proceed in accordance with the present decision.
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