Wick

This action was filed in Humboldt County. One defendant moved for change of venue to Los Angeles County, which is the residence of all defendants. The motion was denied, and the moving party appeals. The sole question is whether the action is one for “injuries to real property” (Code Civ. Proc., § 392) and thus a “local action” to be retained in Humboldt County, where the real property involved lies.

The complaint alleges two causes of action: The first is entitled ‘ ‘ Slander of Title. ’ ’ It alleges that: plaintiff acquired title to the land March 6, 1956, by trustee’s deed under power of sale contained in a trust deed; on September 14, 1956, defendants filed, in Humboldt County, an action seeking to set aside the trustee’s sale on the ground that there had been no default by them under the trust deed; thereafter defendants recorded notice of lis pendens; in fact there was default in the payments required under the deed of trust; when that action came on for trial defendants (plaintiffs therein) failed to appear and judgment was for plaintiff in this action. Damages are alleged to consist of depreciation in value of the land during pendency of the earlier action and costs of…