Garrett

Defendants, other than defendant Lady, moved in the court below to change the place of trial from Los Angeles County to San Francisco. Lady resides in Los Angeles County; the other defendants reside in San Francisco. From an order granting the motion plaintiff appeals.

[1] If the complaint states a cause of action against Lady, the order granting defendants’ motion for a change of venue should not have been made. If, on the other hand, Lady was not a necessary party defendant, or if the complaint does not state a cause of action against him, the right of the other defendants to have the place of trial changed to the city and county of their residence is undoubted. (Sayward v. Houghton, 82 Cal. 628 , [ 23 Pac. 120 ] ; Donohoe v. Wooster, 163 Cal. 114 , [ 124 Pac. 730 ]; Buell v. Dodge, 57 Cal. 645 .)

The case alleged in the complaint is substantially as follows: Prior to the commencement of the present action the plaintiff here had brought an action in the superior court of Los Angeles County against an insurance company to recover certain money due on insurance upon the life of Edward E. Garrett. William Edward Garrett, a minor, of whose person and estate the defendant Emma L.…