Dias

This is an appeal by defendant Dias from an order denying his motion for change of venue from Stanislaus County to Merced County.

Plaintiff, a non-profit cooperative marketing organization, brought this action seeking to enjoin defendant Dias from disposing of his dairy products to persons other than plaintiff and to recover damages for the alleged failure and refusal by said defendant to continue delivering his dairy products to plaintiff as provided in his “Member’s Contract.” The verified complaint set forth pertinent portions of the articles of incorporation and by-laws of the association together with the “Member’s Contract” signed by defendant Dias. It was alleged that the existing by-laws provided that “Each member agrees to sell and deliver to the Association’s plant in Newman, County of Stanislaus, State of California, all the milk and cream produced or controlled by such member . . . ,” and that “Each member’s obligation so to market all milk and cream produced and controlled by him shall continue in force and effect for a period of ten years,” and thereafter until the filing by the member with the secretary of notice of desire to withdraw from the association. The…