Dick v. La Madrid

[451]

BARNARD, P. J.

This is an appeal from an order denying a motion for a change of venue, in an action for damages arising from an automobile collision which occurred in the city of Los Angeles on September 21, 1945. The action, originally filed in Los Angeles County, was on motion of the defendants transferred to Kern County. Demurrers were there overruled and answers filed by the defendants.

On October 1, 1946, the plaintiffs filed notice of a motion to transfer the action to Los Angeles County for trial, on the ground that the convenience of witnesses and the ends of justice would thereby be promoted.

An affidavit in support of this motion was filed by the plaintiff husband. This affidavit states that affiant and his wife live in the city of Los Angeles, and that five persons are material and necessary witnesses for them. That one of them will testify that he was operating a Los Angeles streetcar at the time of the accident and saw the defendants drive through a boulevard stop without slackening their speed. That two other witnesses will testify that they are police officers in the city of Los Angeles; that they found certain skid marks at the scene of the accident; and that one of the defendants admitted to them that he did not see the boulevard stop sign and did not stop. That another witness will testify that she is a nurse; that she attended Mrs. Dick at the latter’s home in Los Angeles for four months commencing on October 3, 1945; and that during this time Mrs. Dick was incapacitated and required certain services. That another witness will testify that he is a physician and surgeon, admitted to practice his profession “in the State of California”; that he treated Mrs. Dick for injuries sustained by her on September 21, 1945, and still attends her for such injuries; that she was confined to a hospital in Los Angeles from September 21, 1945, to October 3, 1945, and “thereafter has been treated at her home”; and that she sustained certain injuries.

Each of the defendants filed an affidavit stating that he was, and has been, a resident of Kern County; that the motion for change of venue from Los Angeles County was granted on the ground that Kern County was the proper county for the trial of the action; that he is willing to consent to taking the depositions of any witnesses who may reside in Los Angeles County; and that a trial in Kern County will be less expensive to the parties and consume less trial time.