Case

Case v. Kirkwood

Good Law
119 Cal. App. 207·1931 Cal. App. LEXIS 91·6 P.2d 110
Court of Appeal of CaliforniaDecember 14, 1931Docket No. 549.California1,251 words

Opinion

Lead Opinion

Barnard, J.

This is an appeal from an order denying a motion for a change of venue. The action is one to foreclose a mechanic’s lien on certain real property in the county of Riverside. The complaint also asked for a personal judgment against the appellants for the amount of the debt which was claimed to be secured by the lien. The only question presented is as to whether these appellants have a right to have the action as against them tried in the county of their residence, it being conceded that they are and were residents of the county of Los Angeles.

It is contended that the cause of action against the appellants is a personal one, and that it is separate and ■distinct from another cause of action to foreclose a mechanic’s lien, as set up against the other defendants. In the complaint it is alleged that the appellants ordered the work performed and agreed to pay for the same. Because it is also alleged in the complaint, on information and belief, that another one of the defendants is the owner and reputed owner of the real property described, it is argued that, in fact, a cause of action for the foreclosure of a mechanic’s lien as against the owner of the property, is joined with another…

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