County of Los Angeles v. Craig

McCOMB, J.

From an order granting defendant's motion for a change of venue of an action from Los Angeles County to Ventura County, pursuant to the provisions of section 394 of the Code of Civil Procedure, plaintiff appeals.

These are the undisputed facts:

Plaintiff, county of Los Angeles, filed an action pursuant to the provisions of section 2224 of the Welfare and Institutions Code against defendant, a resident of Santa Barbara County.

Section 394 of the Code of Civil Procedure, so far as applicable in the present case, reads thus:

"Whenever an action or proceeding is brought by a county . . . against a resident of another county . . . the action or proceeding must be, on motion of either party, transferred for trial to a county . . . other than the plaintiff . . . and other than that in which the defendant resides ...”

Section 2224 of the Welfare and Institutions Code, among

[452]

other things provides that if the recipient of a pension has a spouse or adult child within the state who is pecuniarily able to support such recipient, the county board of supervisors shall request the proper county legal officer to proceed against the nonsupporting relative to recover for the county such portion of the aid granted as the relative is able to pay. This section contains also this provision:

“Upon such demand the district attorney or other civil legal officer of the county granting aid shall, on behalf of said county,

maintain

an action, in the superior court of the county granting said aid, against said relative, in the- order named, to recover for said county such portion of the aid granted as said relative is able to pay . . .” (Italics ours.)

This is the sole question necessary for us to determine:

Is section 394 of the Code of Civil Procedure available to a defendant who comes within the purview thereof when sued under the provisions of section 2224 of the Welfare and Institutions Code?