Petitioner airline

Procedural Posture

Petitioner airline sought a writ of mandamus to compel respondent Superior Court of the City and County of San Francisco (California), to transfer the real parties in interest's action against the airline to another county.

Overview: government code 1090

The real parties in interest sought damages for the death of their intestate in an airplane accident. Their complaint asserted counts for negligence, breach of contract, breach of warranties, and strict liability in tort. The airline petitioned the court to transfer the case to another county. The court granted the writ because venue was not proper in the county where the action was filed. The court found that because some of the counts sounded in contract they were subject to the venue restrictions for contract claims. The court found that the airline could be sued in the county where the contract was made or was to be performed, or where the breach occurred. The court found that the sole issue was whether the contract was made in the county where the action was filed. The court found that the statements of the intestate's daughter that her father told her that he intended to buy his ticket from a travel agent in the county was hearsay and could not support a finding that the ticket was, in fact, purchased in the county.

Outcome

The court granted the airline's petition to transfer the action to another county.