 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cacho v. Superior Court11/19/1991
ual defendant.
In this case, Samaritan's corporate headquarters, statutory agent, legal counsel, and principal place of business are all in Maricopa County. We deem these facts sufficient to establish Maricopa County as Samaritan's county of residence. Wray is distinguishable from the case at hand because it involved a suit against a foreign corporation based on permissive exception 18, whereas this case involves a suit brought in the county of residence of one of the defendants, albeit a corporation. Exception 7 applies no less than if Samaritan were an individual defendant. Venue is therefore proper in Maricopa County as to all defendants.
We find support for this conclusion in Texas case law applying that state's venue statute. See Fannin Bank v. Johnson, 432 S.W.2d 138 (Tex.Civ.App.1968) (venue proper in county of residence of private corporate defendant against individual defendant on basis of exception relating to venue of actions involving two or more defendants); Parr v. Burris ex rel. Duval County, 292 S.W.2d 146 (Tex.Civ.App.1956) (venue properly maintained in county of residence of corporate defendant over objections of individual nonresident defendant). Because Arizona's venue statute was adopted from the Texas statute, that state's decisions are of particular interest. Turner v. Superior Court, 3 Ariz. App. 414, 415 P.2d 129 (1966); Blakely v.
Superior Court, 6 Ariz. App. 1, 429 P.2d 493 (1967).
Two later decisions cited by the defendants, Wallen v. Jacobson, 18 Ariz. App. 558, 504 P.2d 499 (1972) and Reilly v. Superior Court, 141 Ariz. 540, 687 P.2d 1295 (App.1984), are also distinguishable upon the same grounds as Wray. In each case, the corporate defendant did not reside in the county where served. Each case was decided on the basis of exception 18 and no other exception applied.
The rationale in Wray, Wallen, and Reilly is that permitting suit against a corporation under exception 18 on the grounds the corporation has an agent in the county does not authorize the joinder of a defendant residing outside the county. None of the decisions support the proposition that, where the corporate defendant is sued in the county of its residence, the residence of an individual defendant is given preference over that of a corporation. Because Samaritan is a resident of Maricopa County, venue is proper in Maricopa County and the trial judge erred in granting the motion to change venue to Mohave County under A.R.S. ยง 12-401.
Conclusion
We grant relief and vacate the trial court's order transferring venue, without prejudice to the trial court's jurisdiction to decide the motion for change of venue on grounds of forum non conveniens.
|