Lakeside Ditch Co. v. Packwood Canal Co.

This is an appeal from an order of the superior court of Tulare County denying appellant’s motion for a change of the place of trial from the county of Tulare, California, to the city and county of San Francisco, California.

On July 26, 1919, plaintiffs commenced an action in the superior court of the county of Tulare, in which they demanded judgment against the defendant in the sum of $9,054.23, together with attorney’s fees and costs. The action is based upon a certain contract between the plaintiff and the defendant and certain other corporations. Within the time allowed by law appellant filed a demurrer to said complaint and at the same time filed a notice of motion and a demand for a change of the place of trial of said action from the county of Tulare, to the city and county of San Francisco. Said motion and demand were supported by an affidavit made by the defendant’s president, who therein deposed that the principal place of business of the defendant was, at the time of the commencement of the action, and at all times thereafter, in the city and county of San Francisco, and that deponent having fully stated the facts of the case to the defendant’s attorney, was advised by…