Walt Disney Parks & Resorts U.S., Inc. v. Superior Court
Annotate this CaseThe Court of Appeal granted Disney's petition for a writ of mandate and directed the superior court to consider Disney's motion to transfer venue on the merits. The court held that the superior court erred in determining that the motion was time-barred. In this case, plaintiffs filed suit alleging breach of contract claims, as well as claims for negligent and intentional infliction of emotional distress, arising out of visits to Disneyland Park in Anaheim. The contracts alleged annual passes and daily admission tickets contain venue selection clauses establishing Orange County, California as the proper venue for any litigation. The court held that the strict time requirements of Code of Civil Procedure section 396a, which requires the court to grant a timely motion, did not bar Disney’s motion under Code of Civil Procedure section 397, which gives discretion to the court. The court explained that failure to comply with section 396b did not automatically waive a party's rights, and principles of statutory construction supported Disney's motion.
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