Tunnicliff v. Holmes

LANGDON, P. J.

This is an appeal by the defendant from an order of the superior court in and for the city and county of San Francisco denying defendant’s motion for a change of venue.

The action was commenced in the city and county of San Francisco. Defendant filed a demurrer, notice of motion to change the place of trial, written demand for change of place of trial, and affidavit supporting the same. The notice of the said motion stated that said motion “will be made upon the affidavit of Goldie May Holmes, the written demand of Goldie May Holmes for change of venue (copy of which is annexed hereto, and is herewith served upon you), and upon the papers on file in said action; said motion will be made upon the following grounds, to-wit: That at the time of the commencement of said action, the defendant was not a resident of San Francisco County, California, but that she was a resident of San Bernardino County, California, and that the county of San Bernardino, California, is the proper county for a trial of said action.”

The affidavit of defendant was to the effect that she had been a resident of San Bernardino County, California, for more than a year last past, and that at the time of the commencement of said action and ever since that time, and at the time of making said affidavit, she was a resident of San Bernardino County; that she had stated the facts in the case to her attorneys, fairly and fully, and was advised by them that she had a good, valid, substantial, and complete defense to the action upon the merits. The demand for change of venue, over which the dispute between the parties arises, is as follows: “The above named defendant, Goldie

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May Holmes, hereby demands that the place of trial of the above entitled action be changed to the property county, to wit: The county of San Bernardino, State of California, and that said action be transferred from the superior court of the city and county of San Francisco, California, to the superior court of San Bernardino county, California.” This was signed by the defendant and after her signature appears the following: “The undersigned, on behalf of the defendant, Goldie May Holmes, hereby join in the foregoing demand. Leonard, Surr & Hellyer, Attorneys for Defendant Goldie May Holmes.”