Rowe
Rowe v. Policy Holders Life Ins. Assn.
Opinion
Lead Opinion
Barnard, J.
This is an appeal from an order made by the Superior Court of Kern County denying a motion for a change of venue to Los Angeles County.
The action is one to recover upon a contract of insurance and the complaint, although filed in the Superior Court of Kern County, is silent as to the place where the contract was made or to be performed, where the obligation or liability arose or where the breach occurred. Upon being served, the defendant filed a demand and notice of motion for a change of venue together with the' affidavit of its president to the effect that he believed that the defendant had a good defense to the action and that the defendant was and is a resident of Los Angeles County. The motion was argued and submitted on February 8, 1932. On February 17, 1932, the defendant filed in the clerk’s office another affidavit made by its vice-president, setting forth that the contract on which the suit was brought was entered into in the county of Los Angeles; that the defendant has its principal place of business in that county; that the insured died in that county; that the contract was to be performed in that county; and that the breach, if any, occurred there. On March 1,…