Does section 394 of the California Civil Code of Civil Procedure apply to the California Department of Justice?

California, United States of America

The following excerpt is from County of San Bernardino v. Superior Court, 30 Cal.App.4th 378, 35 Cal.Rptr.2d 760 (Cal. App. 1994):

13 We recognize that even among public entities and agencies, there may be a "mixed action" in which the plaintiff has a choice of venue counties not limited to that of the defendant's residence. In such a case, section 394 would not appear to affect the plaintiff's right to select among proper venues. Section 394 would, however, prevent the defendant from exercising his usual (Gallin v. Superior Court (1991) 230 Cal.App.3d 541, 544-545, 281 Cal.Rptr. 304) right to change venue to the county of its residence.

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Does section 394 of the California Civil Code of Civil Procedure apply to the California Department of Justice?

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