Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's Union

EDMONDS, J.

By an action commenced in Marin County, Juneau Spruce Corporation is suing International Longshoremen’s and Warehousemen’s Union and International Longshoremen’s and Warehousemen’s Union, Local No. 16, both unincorporated associations, upon a foreign judgment. The union’s appeal from an order denying a change of venue presents only the question as to whether its rights in this regard are to be determined by the rules of law applicable to a corporation or is the residence of the association’s members the controlling factor.

The timely motion of I.L.W.U. to transfer the action to San Francisco was made upon the grounds that the association maintains its sole place of business there and it is being sued upon an alleged obligation which the complaint does not charge was either incurred or to be performed in Marin County. By supporting affidavit, it is averred that the I.L.W.U. is a resident of San Francisco and that Local 16 of the union does not maintain an office anywhere in California, nor does any member of Local 16 reside in California.

[762]

The corporation’s affidavit in opposition to the motion states that I.L.W.TJ. “is an unincorporated association consisting of several thousand members residing throughout the State of California.” Upon information and belief, it is alleged that over two hundred of the members reside in Marin County. The names and addresses in Marin County of two of them were given.

The association made no denial of the facts which were presented by the creditor, as to the residence of its members. The motion was denied and the appeal is from that order.

Article XII, section 16, of the Constitution provides: “A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs;

or in the county where the principal place of business of such corporation is

situated, subject to the power of the court to change the place of trial as in other cases.” The I.L.W.U. contends that the italicized phrase applies to both corporations and unincorporated associations. In any event, it asserts, an association of the type of a labor union should be treated as a corporation. The respondent argues that the latter portion of the constitutional provision applies solely to a corporation and relies upon section 395 of the Code of Civil Procedure which fixes venue in the county in which the defendants, or some of them, reside at the time of the commencement of the action.