Stauffer Chemical Co. v. Superior Court

FRIEDMAN, J.

Petitioner Stauffer Chemical Company is a defendant in nine separate suits seeking damages allegedly caused by an agricultural weed killer. Although all the plaintiffs farmed in Modoc County, they filed the suits in Siskiyou County where a codefendant resided. Stauffer moved to change venue to Modoc County. In four of the suits the plaintiffs were landowners, alleging damage to their soil as well as to their growing crops. These four suits were transferred to Modoc County as actions for injury to real property. (Code Civ. Proc. § 392.) The other five actions were brought by lessees, alleging damage to their growing crops of potatoes and wheat. The trial court denied the motions in the latter five actions, ruling that these were transitory and could be tried where a codefendant resided. (Code Civ. Proc., § 395.) Stauffer seeks mandate to compel the venue change in the latter five actions.

Stauffer grounds its claim for relief on the contention that growing crops are real property for venue purposes, venue being controlled by Code of Civil Procedure, section 392, subdivision (l).

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[3]

An action to recover damages for physical injury to real property is a local action, venue being governed by section 392. (1 Witkin, Cal. Procedure (1954), Actions, § 197, p. 712.) Like its statutory counterparts in other states, section 392 declares a common law doctrine. With minor exceptions, decisions in the other states view a landowner ’s or tenant’s suit for damages to growing crops as a real property action, venue lying in the county of the land situs.

(Western Union Tel. Co.

v.

Bush

(1935) 191 Ark. 1085 [89 S.W.2d 723] ;

Christenson

v.

Town of Dollymount

(1954) 241 Minn. 409 [63 N.W.2d 367] ;

Tracy

v.