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GUTIERREZ v. SUPERIOR COURT

Docket No. 23593.

243 Cal.App.2d 710 (1966)

52 Cal. Rptr. 592

LINDA GUTIERREZ, a Minor, etc., Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; OJAI VALLEY INN et al., Real Parties in Interest.

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

July 28, 1966.

Attorney(s) appearing for the Case

David B. Gold for Petitioner.

No appearance for Respondent.

Ernest Arnold, Sedgwick, Detert, Moran & Arnold, Robert A. Seligson, John P. Hardy, Bledsoe, Smith, Cathcart, Johnson & Rogers and Clyde R. Rockwell for Real Parties in Interest.

MOLINARI, J.

In this mandamus proceeding the essential question for determination is whether the trial court could disregard the residence of a party who had been sued by a fictitious name, and whose true name was substituted after a motion to change venue, but before the hearing thereon. We have concluded that the court below was required to consider the residence of such party in determining the motion for change of venue, and that since the residence of such defendant...

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