Art Frost of Glendale v. Hooper

THE COURT.

This is an appeal from an order denying defendant’s motion for change of venue to the Municipal Court for the East Los Angeles Judicial District, wherein he resides, and from an order granting plaintiff’s motion to retain the action, for convenience of witnesses, in the Glendale Judicial District, where it was filed. In a former opinion in this case, this court, in reversing the orders, pointed out that as in neither its complaint nor in its affidavit in opposition to the first motion did plaintiff give facts sufficient to establish that a judicial district other than that of defendant’s residence was a proper one for the trial of the case under the provisions of section 395, Code of Civil Procedure, it followed that the municipal court for that judicial district was the proper court for its trial. A rehearing was granted, and upon further consideration we are of the opinion that our original determination was correct.

It is quite clear that the orders denying defendant’s

[905]

motion to transfer the ease, and granting plaintiff’s motion to retain it in the court where it was brought, may not be affirmed on the ground that such a course served the convenience of witnesses. The affidavit in support of the counter-motion to retain the action gave neither the names nor addresses of the witnesses, and made no pretense of stating what their testimony would be. Such an affidavit is insufficient to support the orders made.

(Juneau

v.

Juneau

(1941), 45 Cal.App.2d 14 [113 P.2d 463].)

There is no doubt that Los Angeles County is a proper county for the trial of this action, within the terms of section 395, Code of Civil Procedure, and that the subject matter of the action is within the jurisdiction of a municipal court. By virtue of the provisions of the second subdivision of section 395, the Municipal Court for the Bast Los Angeles Judicial District, wherein the defendant resides, is, without question, a proper court for its trial. The problem narrows down, therefore, to this question: does the court in which the action was brought, the Municipal Court for the Glendale Judicial District, appear to be a proper court? If it is, the order denying the motion to transfer should be affirmed.