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WATHEN v. SUPERIOR COURT OF SANTA CLARA COUNTY

Docket No. 20925.

212 Cal.App.2d 125 (1963)

27 Cal. Rptr. 840

SPALDING G. WATHEN et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; McMILLAN MORTGAGE CO., Real Party in Interest.

Court of Appeals of California, First District, Division One.

January 21, 1963.

Attorney(s) appearing for the Case

Wallace G. Quinlisk for Petitioners.

No appearance for Respondent.

Maynard Garrison, Jr., and Wallace, Garrison, Norton & Ray for Real Party in Interest.

SULLIVAN, J.

Petitioner Spalding G. Wathen seeks a writ of mandate in an action for breach of contract to compel the respondent Superior Court to change the place of trial thereof from Santa Clara County to Fresno County.

McMillan Mortgage Co., a corporation (hereinafter called McMillan), the real party in interest herein and the plaintiff below, commenced the above action against petitioner and Wathen Brothers, a copartnership. The complaint alleges that...

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