Fitzpatrick

Fitzpatrick v. Sonoma County

Good Law
1929 Cal. App. LEXIS 769·97 Cal. App. 588·276 P. 113
Court of Appeal of CaliforniaMarch 16, 1929Docket No. 5910.California2,950 words

Opinion

Lead Opinion

Ward, J.

This action was commenced in the city and county of San Francisco. The cause of action is damage by injury to real property situated in the County of Sonoma, and the abatement of a nuisance therein. This is an appeal from an order denying a motion for change of venue, made “upon the ground that the real property af fected by said action is situated in the County of Sonoma, and for that reason said cause is proper to be tried in said county, and upon the further ground that all of the defendants, other than the County of Sonoma, are residents and live within said County of Sonoma and that they are entitled to have said trial therein.”

Section 394 of the Code of Civil Procedure, upon which respondent relies, provides as follows: “An action or proceeding against a county, or city and county, may be commenced and tried in such county, or city and county, unless such action or proceeding is brought by a county, or city and county, in which case it may be tried in any county, or city and county, not a party thereto. Whenever an action or proceeding is brought by a county, city and county, or city, against a resident of another county, city and county, or city, or a corporation doing…

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