Cameron

Franco Western Oil Co. v. Cameron

Good Law
19 Cal. Rptr. 304·1962 Cal. App. LEXIS 2676·200 Cal. App. 2d 37
Court of Appeal of CaliforniaFebruary 6, 1962Civ. No. 10240California1,062 words

Opinion

Lead Opinion

Pierce, J.

Defendant appeals from an order of the Sutter County Superior Court denying his motion for a change of venue from that county, the situs of real property involved, to Los Angeles County, the county of his residence. The ground of appeal is that the action is essentially transitory in nature. Whether it is or not must be determined from the allegations of the complaint, and from the character of the judgment which might be rendered against the defendant upon his default. (Donohoe v. Rogers, 168 Cal. 700, 701 [144 P.958].)

The complaint, in two counts, contains a detailed, lengthy (16 pages), and exhaustive narrative of the transactions between plaintiff and defendant, augmented by exhibits, including correspondence between the parties and other documentary evidence.

Its allegations can he stated in capsule form as follows: On January 19,1960, the parties, who had had previous joint dealings in obtaining, exploring and developing oil and gas leases of a so-called “Grimes Block” in Colusa and Sutter Counties, entered into a new joint venture covering leases then and later to be acquired in Sutter County in what the parties called the “Meridian Prospect.” It was necessary, as a…

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