Scott v. Stuart

KERRIGAN, J.

This is an appeal by plaintiff from an order denying his motion for a change of the place of trial.

The action is to recover the reasonable value of legal services alleged to have been rendered by the plaintiff for the defendant and certain of the latter’s clients at the instance of defendant in a suit for partition theretofore tried in the county of Monterey. By his answer the defendant admits that the plaintiff performed part of the alleged services, but denies all liability therefor, claiming that there was no contract of employment or agreement for compensation, and that the services were gratuitously rendered. Within a reasonable time after the cause was at issue the plaintiff made the motion above mentioned to change the place of trial from the county of Los Angeles, where the defendant resides, to the county of Monterey, on the ground of the convenience of witnesses, as provided in subdivision 3 of section 397 of the Code of Civil Procedure.

We are unable to agree with the appellant that the court erred in denying such motion.

The determination of a motion of this character upon the ground of the convenience of witnesses rests largely in the sound discretion of the court to which it is addressed, and its order thereon will be disturbed only for an abuse of such discretion.

(Pascoe

v.

Baker,

158 Cal. 232 [110 Pac. 815].)

The pleadings in the action disclose but two issues to be decided, namely: Were the services of plaintiff gratuitously rendered? and, if not, what is their reasonable value?

’ It appears from an affidavit of plaintiff filed in support of his motion that he intends to call sixteen witnesses, four of whom will give testimony tending to show that defendant intended to employ the plaintiff to act for him as associate counsel in the partition suit mentioned; that three others will testify that plaintiff actually appeared in court on behalf of the defendant in the capacity of an attorney at law in said suit and rendered therein certain services; that seven of the witnesses whom plaintiff expects to call are expert witnesses, some of whom will testify to the same

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