Skidmore

Skidmore v. County of Solano

Good Law
128 Cal. App. 2d 391·1954 Cal. App. LEXIS 1478·275 P.2d 613
Court of Appeal of CaliforniaOctober 27, 1954Civ. 16009California1,669 words

Opinion

Opinion

Wood, J.

In this action for money allegedly due 'plaintiff for services rendered the county of Solano pursuant to a contract in writing between the parties, plaintiff has appealed from an order transferring the cause from the city and county of San Francisco to the county of Solano, based upon a finding that the Superior Court in and for the County of Solano is the “proper court for the trial” of the action. He claims that San Francisco is a proper county, it being a county other than the defendant county and other than the county of plaintiff’s residence.

The order of transfer is correct and must be affirmed. Solano is and San Francisco is not a proper county for the trial of the action.

We start with section 396b of the Code of Civil Procedure. It provides for the transfer of an action “to the proper court” when commenced in a court having jurisdiction of the subject matter (in this ease, the superior court in and for any county of the state; hence, inclusive of San Francisco) “other than the court designated as the proper court for the trial thereof. ’ ’

We look to sections 392-395 of the code to find what is the “proper court.” We find nothing pertinent in sections 392, 393, or…

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