BATTAGLIA ENTERPRISES, INC. v. SUPERIOR COURT

No. D063076.

215 Cal.App.4th 309 (2013)

154 Cal. Rptr. 3d 907

BATTAGLIA ENTERPRISES, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; YARD HOUSE USA, INC., et al., Real Parties in Interest.

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

As modified April 29, 2013.


Attorney(s) appearing for the Case

Tatro and Zamoyski and Peter A. Zamoyski for Petitioner.

No appearance for Respondent.

Jones Day, John Alexander Vogt and Edward San Chang for Real Parties in Interest.


OPINION

AARON, J.

I.

INTRODUCTION

Petitioner and plaintiff in the underlying action, Battaglia Enterprises, Inc. (Battaglia), filed suit against defendants Yard House USA, Inc., Yard House USA, LLC, and Yard House Restaurants, LLC (jointly Yard House), in the Superior Court of San Diego County for breach of contract. Yard House moved to transfer the action to Orange County, citing a venue selection clause to which...

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