Colby

Inglewood Thrift & Loan v. Colby

Good Law
10 Cal. Rptr. 814·188 Cal. App. 2d 857·188 Cal. App. Supp. 2d 857·1961 Cal. App. LEXIS 2497
Appellate Division, Superior Court of CaliforniaJanuary 18, 1961Civ. A. No. 10154California1,656 words

Opinion

Lead Opinion

Swain, J.

This is an appeal by the plaintiff from an order changing the place of trial from the Municipal Court of the Inglewood Judicial District in Los Angeles County to the Municipal Court of the Anaheim-Fullerton Judicial District in Orange County. The action is for the collection of money claimed to be due the plaintiff on a written contract for the purchase by the defendants from plaintiff’s assignor of certain personal property, a vacuum system. The defendants are residents of the Anaheim-Fullerton Judicial District; the contract was entered into in Orange County but it provides, “The undersigned Purchaser agrees to pay the Time Price Balance designated herein ... at the office of the Seller or Seller’s assignee. . . .’’ The only question for us to decide is: Is this a special contract in writing that the contract is to be performed (i.e., that the purchase price be paid) in Los Angeles County, within the meaning of Code of Civil Procedure, section 395? We are convinced that it is, that the Municipal Court of the Inglewood Judicial District was a proper place of trial and that it was error to grant the motion for a change of venue to the Anaheim-Fullerton Judicial District in Orange…

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