Buck

Plaintiff sued in Contra Costa County for the conversion of personal property. The defendant Buck moved for a change of venue upon the ground that he was a resident of the city and county of San Francisco. The motion was denied and this defendant has appealed on a typewritten transcript.

It is conceded that no one of the defendants was a resident of Contra Costa County and that the motion of defendant Buck should have been granted unless it is held that the cause of action is one for damages to personal property within the meaning of section 395 of the Code of Civil Procedure. Sections 392, 393 and 394 of this code prescribe where certain classes of actions are to be tried. Section 395 provides: “In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action, or if it be an action for injury to person, or property, or for death from wrongful act, or negligence, in the county where the injury occurs, or the injury causing death occurs, or in the county in which the defendants, or some of them, reside at the commencement of the action.” The portion of the section quoted reading “or if it be an action for…