Ryan v. Inyo Cerro Gordo Mining & Power Co.

LANGDON, P. J.

This is an appeal from an order of the superior court of the state of California, in and for the county of Santa Clara, denying the motion of the defendant, Cerro Gordo Mines Company, for a change of venue from Santa Cl&ya to Inyo County.

The action was one to recover damages for personal injuries alleged to have been sustained by. the plaintiff arising

[771]

out of an alleged accident occurring at the mining properties of the defendant in Inyo County, California. Appellant’s motion was made upon the grounds that it was a resident of Inyo County and entitled to te sued in said county, and that the cause of action arose in Inyo County ; also upon the ground that the defendant Edward Campbell was a resident of Inyo County. Prior to the hearing of the motion, the plaintiff dismissed the action as to the defendant Campbell, and the record presents but one question for our determination: Has the appellant, a corporation organized and existing under the laws of the state of Arizona, acquired a residence in the county of Inyo, state of California? It is urged by appellant that by reason of having complied with the provisions of section 408 of the Civil Code (in force at the time of the alleged injury and at the time of the motion), requiring a foreign corporation to file a certified copy of its articles of incorporation with the Secretary of State and with the county clerk of the county where its principal place of business is located and where it owns property, appellant became a resident of Inyo County, the county where its principal place of business in this state is located, so as to be entitled to have this action transferred to that county for trial.

[1]

The residence of a corporation is in the state under whose laws it is incorporated. (1 Cook on Corporations, 7th ed., sec. 1, p. 3; sec. 757, Id.;

Boyer

v.

Northern Pac. Ry. Co,,

8 Idaho, 74, [70 L. R. A. 691, 66 Pac. 826, at p. 827];

Thomas

v.