Wong Fung Hing v. San Francisco Relief & Red Cross Funds

Good Law
15 Cal. App. 537·1911 Cal. App. LEXIS 318·115 P. 331
Court of Appeal of CaliforniaMarch 4, 1911Civ. No. 916.California1,458 words

Opinion

Lead Opinion

Shaw, J.

Defendant appeals from an order of court denying its application for a change of the place of trial from Los Angeles county, where the action was commenced, to the city and county of San Francisco.

Defendant is a corporation having its principal place of business in the city 'and county of San Francisco. No demurrer was interposed to the complaint. With its verified answer, merely denying all the allegations of the complaint, defendant filed an affidavit of merits, in due form and sufficient in substance, showing that defendant was a corporation having its principal place of business in the city and county of San Francisco, and accompanied by a demand in writing, therewith filed, demanding that the place of trial be changed from the county of Los Angeles to the city and county of San Francisco, upon the grounds, first, that the city and county of San Francisco, and not the county of Los Angeles, was the proper county wherein said action should be tried; and, second, that the convenience of witnesses would be promoted by such change. While defendant’s application was being heard, and before the final disposal thereof, plaintiff moved that the case be retained in Los Angeles county…

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