Bloom v. Carpenter

WARD, J.

This appeal was taken by defendant in propria persona from an order of the Superior Court of the City and County of San Francisco denying a motion for a change of venue to the county of defendant’s residence, Los Angeles county.

The complaint is in two counts. The allegations in the first count pertinent to the propriety of the order denying the motion are that “II. At all times herein mentioned, defendants were and now are a common carrier transporting property for hire by motor vehicles between the cities of San Francisco, California, and Glencullen, Oregon. III. At all times herein mentioned, plaintiff was the owner of certain household furniture, furnishings and equipment of the reasonable value of $2,250.00. IV. On December 26, 1942, plaintiff delivered said furniture, furnishings and equipment to defendants at San Francisco, California, as such carrier, and the same was received by them to be safely carried by them to Glencullen, Oregon and there delivered to plaintiff for a reasonable reward. V. Defendants failed, neglected and refused to deliver to plaintiff said household furniture, furnishings and equipment at Glencullen Oregon, or any other place, and although plaintiff has demanded of defendants the delivery thereof, or its equivalent in money, defendants have ever since failed and neglected to deliver said property or to pay said money. ’'

The second count incorporates paragraphs II, III and IV and alleges that “Defendants did not safely carry and deliver said household furniture, furnishings and equipment; but, on the contrary, so negligently conducted and so misbehaved in regard to the same as such carrier, that the same were wholly destroyed and lost to the plaintiff to his damage in the sum of $2,250.00.”

[792]

The affidavit of merits in support of the motion alleges that defendant is now and for twenty years has been a resident of Los Angeles county; that the place of business of his van and storage company is in the city of Los Angeles, and that he has filed the Los Angeles address with the Interstate Commerce Commission as the proper place “for the service of process and/or orders issued to your affiant by the Interstate Commerce Commission.” The affidavit also sets forth that it would be a hardship to go to San Francisco and defend .this action. No counteraffidavits were filed. This is not fatal to an application of this type if the complaint shows that the jurisdiction is in the county selected by the plaintiff. The notice of motion specified that the motion would be made on the affidavit and “the papers on file in the case.”