Plum

This is an appeal from an order granting defendant’s motion for a change of venue from Sacramento County to Plumas County. The motion was made pursuant to subdivision 3 of section 397 of the Code of Civil Procedure, on the ground of convenience of witnesses.

The plaintiff commenced suit for damages in Sacramento County for malicious prosecution and false arrest. It is alleged the defendant wrongfully procured his arrest on a charge of grand theft. The criminal proceeding which was instituted in Plumas County was subsequently dismissed. It is alleged the plaintiff was injured thereby, “socially and financially, and suffered great loss and injury to his business, his good name, his credit and his reputation”. The defendant filed its answer, together with an application for a change of the place of trial to Plumas County, based upon the ground of convenience of witnesses. Affidavits in support of this motion were filed. The plaintiff filed a counter-motion to retain the cause for trial in Sacramento County for the convenience of witnesses. These motions were heard together. The defendant’s motion for a change of venue was granted and the cause was transferred to Plumas County. From…