Miratti v. Banca Popolare Fugazi

PLUMMER, J.

This cause is before us upon an appeal by the defendants Banca Popolare Fugazi, F. N. Belgrano, Sr., and F. N. Belgrano, Jr., from an order of the Superior Court in and for the county of Santa Barbara, denying their motion for a change of place of trial of said action to the city and county of San Francisco. The grounds of their motion are that no cause of action is stated in the complaint agaiUst the defendant U. Dardi, the only defendant residing in Santa Barbara County, and that the other defendants are residents of the city and county of San Francisco, etc. The motion appears to be supported by proper notices and affidavits. The argument of appellants is addressed to the point that the complaint states no cause of action against any of the defendants, and, therefore, the fact that U. Dardi is a resident of the county in which the action is brought must be disregarded. The complaint alleges the residence of U. Dardi in the county of Santa Barbara; that Pasqualina Miratti is the mother of the plaintiff Frank Miratti, Jr.; that both of the plaintiffs are residents of the county of Santa Barbara; that the defendant Banca Popolare Fugazi was and is a banking corporation duly organized under the laws of the state of California, and owned and operated the bank and branches thereof throughout the state; that the headquarters of said bank was and is in the city and county of San Francisco, and that said defendant owned and operated a branch bank thereof in the city and county of Santa Barbara. The complaint then sets forth: That on or about the 10th day of October, 1921, the plaintiff Frank Miratti, Jr., was an employee and assistant cashier of the defendant bank, and was employed in such capacity at the branch bank of said defendant in the City and County of Santa

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Barbara, and had been such for a period of approximately four years prior to the date just mentioned; that the defendant U. Dardi was an employee of the defendant-bank, and was employed by the bank in the capacity of manager of the branch bank of the defendant bank owned and operated by it in the City and County of Santa Barbara; that on or about October 10, 1921, the plaintiff Frank Miratti, Jr., was employed by the defendant to act as teller at one of its paying and receiving windows; that one Emil Toscanini was also an employee and teller of the defendant-bank, in charge of another and adjoining paying and receiving window, and was the head teller of said bank and superior in authority to the plaintiff Frank Miratti, Jr., and was in charge of all the" cash of said branch bank; that on the 10th day of October, 1921, said Emil Toscanini, pursuant to the practice and custom of said bank, turned over and delivered to the plaintiff Frank Miratti, Jr., at the paying and receiving window occupied by the said Frank Miratti, Jr., the sum of $2240.00, in lawful money of the United States, and that the said Frank Miratti, Jr., thereupon placed said money in the cash drawer in the cage at the window where said Frank Miratti, Jr., was acting as receiving and paying teller, and as provided by the defendant-bank for such purpose; that at the conclusion of the day’s business, the plaintiff Frank Miratti, Jr., checked over his cash and discovered that he was short to the extent of $2240.00; that the plaintiff Frank Miratti, Jr., then and there so informed the said Emil Toscanini and delivered to said Emil Toscanini all the cash on hand in his cage, and the said Toscanini checked the same with the plaintiff Frank Miratti, Jr., but the said shortage still remained; that on the opening of said branch bank on the following morning the said Toscanini and the said plaintiff rechecked said cash, and also cheeked the entire cash of said branch bank, but the shortage still remained; that thereupon the plaintiff Frank Miratti, Jr., and the said Emil Toscanini informed U. Dardi, the manager of said bank, of said shortage; that the said U. Dardi then and there communicated with the head office of said bank in San Francisco, and informed them of such shortage; that thereafter, and on or about the 12th day of October, 1921, the defendants in this action informed the plaintiff Frank Miratti, Jr., that the said