Newman

This is an appeal by Sonoma County from an order denying its motion for a change of venue.

The action was commenced in San Francisco against the Northwestern Pacific Railroad Company and Sonoma County to recover damages for personal injuries and wrongful death. The railroad company is a corporation having its principal place of business in San Francisco, and the accident occurred at a railroad crossing in Sonoma County.

The complaint was filed on April 28, 1958; the county answered in July 1958 and demanded a jury trial. In the latter part of June 1959 plaintiffs made a settlement agreement with the railroad company and gave it a covenant not to sue. The trial court approved the settlement agreement, and the county was notified. A pretrial conference was had on October 5, 1959, and December 14 was set as the date for trial. Briefs were prepared by the county as well as by plaintiffs, and the complaint was amended on December 8, 1959. For reasons that do not appear in the record, the trial was not commenced on the date set. On May 17,1960, Sonoma County made a motion for a change of venue to that countjq and, after plaintiffs filed a memorandum of points and authorities in…