Guardianship of Murphy

This is a motion to change place of proceedings in the above-entitled matter from the superior court of the city and county of San Francisco to the superior court of Nevada county.

Section 1713 of the Code of Civil Procedure provides that, “Except as otherwise provided in this title (title XI), the provisions of part II of this code are applicable to and constitute the rules of practice in the proceedings mentioned in this title.” “This title” embraces proceedings in probate courts, including guardianship of minors. Section 397 of the Code of Civil Procedure provides that “The court may, on motion, change the place of trial in the following cases: . . . . 3. When the convenience of witnesses and the ends of justice would be promoted by the change.” There can be no doubt that the convenience of witnesses and the ends of justice would be promoted by the change in this case, as the guardian and all the minors reside in the county of Nevada and all the property of the estate is situated in said county, as appears by the affidavit on file herein. This section—397—is a portion of part II, referred to in section 1713.

*104 The question arises, Is it anywhere provided in title XI that…