Butte

Defendant Citizens National Trust and Savings Bank of Los Angeles appeals from an order denying its motion for change of venue from the San Francisco Superior Court to that of Los Angeles County.

Question Presented

Does title 12, U.S.C.A., section 94 , give a national bank, regardless of the California venue laws, the right to have an action against it tried in the county of its residence?

Record

Plaintiffs sued defendant and others in the San Francisco Superior Court on combined causes of action to recover proceeds of certain fire insurance policies. Defendant is a national banking association whose main office and banking house is in Los Angeles County. Defendant moved for change of venue to that county, relying upon section 94, hereafter set forth. One of the other defendants, Felix Butte, Jr., is a resident of San Francisco. Based on that fact and the pro visions of section 395 of the Code of Civil Procedure, the motion was denied.

Section 94

Title 12, U.S.C.A., section 94 , provides: “Actions and proceedings against any association under this chapter may be had in any district or Territorial court of the United States held within the district in which such association…