California Bean Growers' Ass'n v. C. H. & O. B. Fuller Co.

STURTEVANT, J.

This is an appeal from an order granting the motion of the defendant corporation changing the place of trial from San Francisco to Los Angeles, the city where the principal place of business of the defendant corporation it situated.

The plaintiff is a nonprofit, co-operative association without capital stock, organized and doing business under the laws of the state of California and having its principal place of business in San Francisco; it was organized by a large number of growers of beans to enable the growers to market their produce; the defendant and the plaintiff executed a contract and the principal action was brought to recover damages for an alleged breach of that contract. On the hearing of the motion it transpired and at this time the parties concede that the defendant is a corporation having its principal place of business in the city of Los Angeles. Both parties concede that it is the settled law of this state that in applying the provisions of section 16 of article XII of the state constitution, “the rule is that when the corporation has shown that its principal place of business, which

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is its residence, is in another county, to defeat the motion for a change of venue the burden of proof is upon plaintiff in an action like this, to show that the contract was made, or was to be performed, or that the obligation or liability arose, or the breach occurred in the county where the action is brought. (Citing cases.)”

(Hammond

v.

Ocean Shore Dev. Co.,

22 Cal. App. 167, 169 [133 Pac. 978].) Accordingly on the hearing of the motion in the trial court and again in presenting the matter in this court the plaintiff endeavored to show (1) the contract upon which the action is brought was made in San Francisco; (2) the contract was to be performed in San Francisco, and (3) the breach occurred in San Francisco. If the plaintiff made a showing that was sufficient on any one of the grounds stated, the order should be reversed. The respondent contends that the contract was made in Santa Barbara County. In support of this contention it calls to our attention that the ending of the contract is as follows: