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ALEXANDER v. SUPERIOR COURT

Nos. H025443, H025471.

8 Cal.Rptr.3d 111 (2003)

114 Cal.App.4th 723

Dean ALEXANDER, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; The Brix Group, Inc., Real Party In Interest. Jeff Bellamy et al., Petitioners, v. The Superior Court of Santa Clara County, Respondent; The Brix Group, Inc., Real Party in Interest.

Court of Appeals of California, Sixth District.

December 19, 2003.

Attorney(s) appearing for the Case

Kari L. Levy, for Petitioners: Dean Alexander Jeff and Lori Bellamy.

James E. Toothman & Associates, James E. Toothman, Los Gatos, Heather B. Hoesterey, Joel F. Donahue, for Real Party in Interest: The Brix Group, Inc.

PREMO, Acting P.J.

In this mandate action we are asked to decide whether a contractual venue selection clause is dispositive of the proper venue for an action on the contract. We conclude that to the extent the clause is inconsistent with the statutory venue scheme it is invalid.

A. FACTUAL AND PROCEDURAL BACKGROUND

This matter involves two cases that raise the identical issue on similar facts. Plaintiff and real party in interest in both cases is...

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