Kage
Kage v. Hass
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff commenced an action against the defendant isenberg to recover a judgment for money loaned. He filed his complaint May 7, 1927. The defendant Isenberg appeared and filed a demurrer June 13', 1927. Thereafter, on August 26, 1927, pursuant to his request, the plaintiff was granted permission to file an amended complaint. The amended complaint was so framed that it pleaded a cause of action against the defendant Isenberg and the defendant Joseph Hass as individuals, and against the two as copartners. Later an alias summons issued against the defendant Joseph Hass. On October 5, 1927, the defendant Isenberg appeared and filed a demurrer to the amended complaint. On November 14, 1927, the defendant Joseph Hass appeared and filed a demurrer to the amended complaint, a notice of motion to change the place of trial from the city and county of San Francisco to the county of Los Angeles, an affidavit in support of his motion, and a demand that the change be made. The motion for change of venue was made solely by the defendant Joseph Hass, and was not joined in by the defendant Isenberg. The motion for a change of venue was denied and the defendant Hass has appealed from the…