Coen

Coen v. Watson

Good Law
105 Cal. App. 297·1930 Cal. App. LEXIS 801·287 P. 525
Court of Appeal of CaliforniaApril 19, 1930Docket No. 7247.California685 words

Opinion

Lead Opinion

Sturtevant, J.

This is an appeal from an order refusing to grant a motion to change the place of trial from the city and county of San Francisco to Mendocino County.

The plaintiff’s husband, William F. Coen, and Paul B. Falk were traveling in an automobile in a southerly direction from Healdsburg toward San Francisco. Stanley Watson was traveling in a Buick automobile along the same road northerly from San Francisco to Healdsburg. At a point about three miles south of Healdsburg the automobiles collided. Plaintiff’s husband and Falk were both killed. In her complaint the plaintiff sued Watson and Anita Falk and First Doe, Second Doe and Third Doe. Among other things she alleged “that on the third day of September, 1928, defendant Anita Falk was the owner of a certain Ford automobile which was on said day being driven by one Paul B. Falk, who was then and there the agent of said Anita Falk and acting within the scope of his employment by her; and that said Anita Falk is a resident of the City and County of San Francisco, State of California.” The defendant Anita Falk has never been served. The defendant Stanley Watson appeared and answered and filed the formal papers asking for a change of…

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