Gallup
Gallup v. Sacramento & San Joaquin Drainage District
Opinion
Lead Opinion
Angellotti, J.
This is an appeal by defendant from an order denying its motion for a change of place of trial from the superior court of Yolo County, in which the action was instituted, to the superior court of Sacramento County, on the ground that the county of Sacramento is the proper county for the trial of said action. The basis of defendant’s claim that Sacramento County, rather than Yolo County, is the proper county for the trial of the action, is that defendant is a corporation whose legal residence is in Sacramento County, and that the proper county for the trial of the action, under our law, is the county in which defendant resides. Disputing the claim that defendant has a legal residence in Sacramento County, or, indeed, in any particular county, plaintiffs further claim that regardless of the place of defendant’s residence, Yolo County is the proper county for the trial of the action for the reason that the action is one for damages for “injuries to real property” situated in that county, within the meaning of that term as used in section 392 of the Code of Civil Procedure, which section provides that various actions relative to real property, including actions for “injuries to real…