Rios v. Lacey Trucking Co.

FOX, J.

These actions for personal injuries and wrongful death arose out of a collision in Madera County, California, between a 1936 Ford sedan in which the plaintiffs were riding, and a truck and trailer owned by John A. Lacey, doing business as Lacey Trucking Company. Defendant Fordiee was operating the truck at the time of the accident. Mr. Lacey is a resident of and has his principal place of business in Los Angeles County.

Upon issue being joined, defendants filed identical motions in each case for a change of venue to Madera County upon the ground that “the convenience of witnesses and the ends of justice will be promoted by changing the place of trial from said Los Angeles County to said Madera County.” The motions were based on Code of Civil Procedure, section 397, subdivision 3.

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Defendants appeal from the orders denying their motions.

Preliminarily, it should be noted that these actions were properly filed in Los Angeles County since this county is the residence of defendant Lacey and his principal place of business is located here. (Code Civ. Proc., § 395.)

In an affidavit in support of the motions by Bobert M. Stevenson, one of counsel • for defendants, it appears that defendant Fordice is a resident of Bakersfield, Kern County, and is employed “as a line haul driver” by defendant Lacey between Bakersfield and various points north of the city of Madera, in the State of California; “that leaving said city

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for any length of time will prevent him from making his normal trips in the course of his employment ...” This affidavit then states that one Himes was “present at the scene of the accident” and gives a resumé of his anticipated testimony. Mr. Himes is a resident of the city of Kerman, Fresno County, and “is self-employed in and around the said city” which is approximately 15 miles south of Madera and 230 miles north of Los Angeles. Leaving Kerman for any length of time, says the affidavit, “will seriously interfere with his occupation causing him great loss” and, continues the affidavit of counsel, “it will be more convenient for him to appear in Madera than in Los Angeles.” The other two witnesses are members of the California Highway Patrol stationed in Madera who investigated the accident.