Dorame v. Superior Court

In Dorame v. Superior Court (1978) 81 Cal.App.3d 70, the Court considered a question very similar to that presented here. The County of Orange had filed a complaint seeking reimbursement of public assistance and establishment of child support. The action was brought in plaintiff county under Welfare and Institutions Code section 11350. The defendant's motion for change of venue pursuant to Code of Civil Procedure section 394 was denied, and defendant petitioned this court for a writ. In granting the writ, this court noted that Code of Civil Procedure section 394 is a removal or change of venue statute that comes into operation only upon motion for change of venue after the action is filed in a county that is proper under venue rules. ( Id., at p. 72.) While Welfare and Institutions Code section 11350 establishes the county where aid is given as a proper county for filing the action, a nonresident defendant has a right pursuant to Code of Civil Procedure section 394 to have the action removed to a neutral county.