Richmond Terminal Corp. v. Parr Terminal Co.

Good Law
1929 Cal. App. LEXIS 46·96 Cal. App. 152·273 P. 845
Court of Appeal of CaliforniaJanuary 7, 1929Docket No. 6520.California1,822 words

Opinion

Lead Opinion

Barnard, J.

This is an action for damages brought against fifteen defendants, consisting of Parr Terminal Company, a corporation, with its principal place of business in the city and county of San Francisco; Fred D. Parr, residing in said city and county; the City of Richmond, a municipal corporation, located in Contra Costa County, and twelve individual defendants, sued both individually and as officers and agents of the said City of Richmond, all being residents of Contra Costa County. The action having been filed in the city and county of San Francisco, a change of venue to Contra Costa County was demanded by the twelve individual defendants resident therein, on the ground that the only defendants resident in the county where the action was filed are Parr Terminal Company, a corporation, and Fred D. Parr, its president; that the two last named are improperly joined as defendants, for the reason that the complaint does not state a cause of action against them, or either of them; that as to them the cause of action attempted to be set up is fictitious and a mere pretense; and that they were joined as defendants for the sole purpose of having the action tried in the city and county of San…

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