Fletcher

Fletcher v. Nordesta Homes, Inc.

Good Law
13 Cal. Rptr. 226·192 Cal. App. 2d 33·1961 Cal. App. LEXIS 1901
Court of Appeal of CaliforniaMay 11, 1961Civ. No. 24914California1,246 words

Opinion

Lead Opinion

Nourse, J.

Appellants appeal from an order granting defendants’ motion changing the place of trial of the action from the county of Ventura where the action was commenced to the county of Los Angeles. Appellants attack the order on two grounds:

First, that the action was local in character and that under the provisions of article VI, section 5, of the Constitution of this state and the provisions of section 392, Code of Civil Procedure, Ventura County is the proper county for the place of the trial of the action.

They base this contention upon the fact that in the prayer of their complaint they seek that any amounts awarded them as damages be declared a lien upon the real property described in the complaint. This contention cannot be sustained. There being but one cause of action stated, the character of the action, i.e., as to whether it is local or transitory is to be determined by what is the main relief sought by the plaintiffs or, in other words, what is the principal object of the action. (Smith v. Smith, 88 Cal. 572 [ 26 P. 356 ]; Grocers’ etc. Union v. Kern County Land Co., 150 Cal. 466 [ 89 P. 120 ] ; Chadbourn, Grossman and Van Alstyne, California Pleading, vol. 1, §§ 375-380.)…

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