California Bean Growers' Ass'n v. C. H. & O. B. Fuller Co.

This is an appeal from an order granting the motion of the defendant corporation changing the place of trial from San Francisco to Los Angeles, the city where the principal place of business of the defendant corporation it situated.

The plaintiff is a nonprofit, co-operative association without capital stock, organized and doing business under the laws of the state of California and having its principal place of business in San Francisco; it was organized by a large number of growers of beans to enable the growers to market their produce; the defendant and the plaintiff executed a contract and the principal action was brought to recover damages for an alleged breach of that contract. On the hearing of the motion it transpired and at this time the parties concede that the defendant is a corporation having its principal place of business in the city of Los Angeles. Both parties concede that it is the settled law of this state that in applying the provisions of section 16 of article XII of the state constitution, “the rule is that when the corporation has shown that its principal place of business, which is its residence, is in another county, to defeat the motion for a change of…