Barclay

This is an appeal from an order changing the place of trial from the city and county of San Francisco to the county of Los Angeles, grounded solely upon the convenience of the witnesses in an action wherein the plaintiffs as beneficiary members of the corporation defendant sought a decree enjoining the collection of certain assessments, which were levied against the plaintiffs and other members of the defendant, pursuant to an amended by-law revising and raising the rate of assessment which the plaintiffs and other members were originally subjected to, and which the plaintiffs alleged was illegally adopted by the defendant and without the consent of the plaintiffs.

The defendant by its answer admitted the adoption of the by-law in question and the attempted enforcement of the new rate of assessment, but defended the action by averring that the contracts of insurance issued to and held by the plaintiffs expressly provided that they were made and held subject, not only to the by-law in force at the time of their execution, but also to any amendments thereto, which from time to time might be adopted by the defendant; that the plaintiffs, through their authorized representatives…