Mize

Defendant appeals from an order returning this case from Los Angeles County to Fresno County for the convenience of witnesses. The action was commenced in Fresno County, but for reasons not appearing in the record was tranferred to Los Angeles County. We are of the opinion that an insufficient showing was made to warrant the order sending the case back to Fresno County. The affidavit filed in support of the motion to transfer the case the second time names four witnesses whose convenience would he furthered by trying the action in Fresno rather than in Los Angeles. The showing in regard to their convenience is ample. But not only must it appear that the greater convenience of certain witnesses would be served, but that it would serve some useful purpose to have them as witnesses; that is, that they are expected to bring evidence which is material. (See Gordon v. Perkins, (1928) 203 Cal. 183 , and cases cited, page 185 [ 263 Pac. 231 ].) It is the showing in this particular which we find insufficient.

In the amended complaint it is alleged that the defendant agreed to sell for plaintiff muscat grapes at a guaranteed price of $15 a ton net to plaintiff. Roughly, two-thirds of that…