Gardiner v. Galles Chevrolet Co‪.‬

{1} This appeal raises a venue question that we expressly left unanswered in Baker v. BP America Production Company, 2005-NMSC-011, 137 N.M. 334, 110 P.3d 1071: In a case with multiple defendants, can a proper venue for a foreign corporation with a statutory agent also establish venue for a resident defendant? To answer this question, we must take the next step in the construction of the New Mexico venue statute that we began in Baker. While we reaffirm our holding in Baker, that venue for foreign corporations with statutory agents may not be based on venue for foreign corporations without statutory agents, we decline to extend that holding to the combination of defendants present in this case. We therefore hold that venue for a resident defendant is proper in the county where a foreign corporations statutory agent resides.