Warren v. Ritter

MARKS, J.

Plaintiff has filed no brief and has made no appearance before this court although the clerk notified his counsel of the default on July 27, 1943.

This action was filed against Charles P. Ritter, N. L. Rogers, State Corporation Commission, Automatic Self Leveling Ladder Company, a corporation, and various fictitious defendants. A money judgment was sought against Ritter and Rogers for breach of contract, misrepresentation and fraud; against the Commissioner of Corporations for the return of certain documents in his possession which had to do with the issuance and sale of stock by a corporation, and, against Automatic Self Leveling Ladder Company, (which we will refer to as the corporation) to determine its and plaintiff’s rights and obligations under certain contracts.

It was alleged that the Commissioner of Corporations had

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one of his offices in Los Angeles and that the corporation was a foreign corporation organized under the laws of the State of Nevada with its principal place of business in the county of San Bernardino.

For the purpose of this opinion we will assume that plaintiff in his complaint, in good faith, sought to state a cause of action against each named defendant and that they are proper parties defendant.

Ritter appeared in the action by demurrer and sought to change the place of trial of the action to Los Angeles County, the place of residence of all named defendants except the corporation.

Rogers also appeared by demurrer but he neither joined in nor opposed the motion for change of venue. Because he did appear, and did not join in the motion, does not seem to furnish sufficient ground for denial of the motion for change of venue.

(Brown

v.

Happy Valley Fruit Growers,

206 Cal. 515 [274 P. 977];

Lyons

v.

Brunswiek-Balke-Coillender Co.,