General Steel & Wire Co. v. Stryco Manufacturing Co.

COUGHLIN, J.

This is an appeal from an order denying a motion for a change of venue entered while the law permitting the taking of such an appeal was in effect, i.e., before the 1961 amendment of section 963 of the Code of Civil Procedure.

The plaintiff-corporation, respondent herein, purchased a wire fabric welder from the defendant-corporation, appellant herein; by this action seeks to recover damages on account of an alleged breach of implied warranty; and, in its complaint, which was unverified, alleged that the defendant “contracted to perform . . . the obligation upon which the within action is brought in the County of Riverside, State of California.’’

[497]

The defendant is a California corporation having its principal place of business in the City and County of San Francisco; moved for a change of venue to the latter city and county upon the ground that its residence was at that place; and supported its motion by a declaration of its president executed under penalty of perjury, to which copies of a purchase order and a conditional contract of sale were attached. The court denied the motion.

“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.” (Cal. Const., art. XII, § 16.)

Where the allegations in a complaint against a corporation establish the right of the plaintiff to retain the trial of the action in the county in which it was commenced, the burden is upon the defendant corporation seeking a change of venue to the county of its residence to establish that none of the constitutionally prescribed grounds exist which would authorize a trial of the action in the county wherein the venue originally was placed by filing the complaint.

(Owens

v.

Paraco, Inc.,

160 Cal.App.2d 824, 826 [325 P.2d 513] ;