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MITCHELL v. SUPERIOR COURT

Docket No. B020374.

186 Cal.App.3d 1040 (1986)

231 Cal. Rptr. 176

JAMES F. MITCHELL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; NATIONAL UNION FIRE INSURANCE COMPANY, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

October 31, 1986.

Attorney(s) appearing for the Case

COUNSEL

Eckhoff, Hoppe, Slick, Mitchell & Anderson, James F. Mitchell and John H. Banister for Petitioner.

No appearance for Respondent.

W.C. Miller for Real Party in Interest.

OPINION

WOODS, P.J.

This original proceeding in mandate presents a venue question. Petitioner seeks to overcome the general venue rule, in breach of contract actions, that the county in which the contract was made shall be deemed to be the county in which defendant was to perform. The question presented is what contractual provisions constitute "a special contract in writing to the contrary" within the meaning of Code of Civil Procedure...

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