CENTRAL BANK v. SUPERIOR COURT

Docket No. 18167.

81 Cal.App.3d 592 (1978)

146 Cal. Rptr. 503

CENTRAL BANK, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; DARRYL L. BRYANT, Real Party in Interest.

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

June 2, 1978.


Attorney(s) appearing for the Case

COUNSEL

C. Robert Mackay and Roy C. Zukerman for Petitioner.

No appearance for Respondent.

William M. Shernoff and Harvey R. Levine for Real Party in Interest.


OPINION

BROWN (Gerald), P.J.

Central Bank, National Association (Central Bank), a chartered national banking association, seeks a writ of mandate directing the superior court to grant its motion for change of venue (Code Civ. Proc., § 400).

The central issue is whether petitioner has impliedly waived its federal statutory right to be sued only in a county in which it is located (12 U.S.C. § 94).

In the underlying...

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