Aquino v. Superior Court
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Scott filed suit in Alameda County Superior Court, alleging that Scott was involved in three separate automobile accidents in 2017 and could not determine which accident caused her injuries: a San Mateo County accident involving Jobs, an Alameda County accident involving Forni, and a Contra Costa County accident, involving Aquino, who was working for Pacific Auto. None of the defendants resided in Alameda County. The defendants filed answers and cross-complaints. Jobs, Aquino, and Pacific alleged an affirmative defense of improper venue. Scott settled with the Forni defendants. The court issued a good faith settlement determination and dismissed the Forni defendants.
The remaining defendants unsuccessfully moved to transfer venue to Santa Clara County, where Aquino and Pacific reside (Code of Civil Procedure 397). The court found they had waived their challenge. The court of appeal denied their petition for relief. The superior court clerk’s service of a document containing both the order denying the motion to change venue and a declaration of service satisfied the requirements for written notice under section 1013a, thereby commencing the period for filing the petition under section 400. Petitioners’ failure to file their petition by the end of that period rendered their petition untimely, whether or not the real party in interest should have also given notice of the order under section 1019.5.
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