Rains v. Diamond Match Co.

SLOSS, J.

The defendant appeals from an order denying its motion to' change the place of trial.

The action is one to recover damages for personal injuries claimed to have been sustained through the negligence of the defendant. The alleged cause of action arose in Butte County. The defendant is a foreign corporation doing busi

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ness in this state. The action was commenced in the county of Sacramento, and the defendant demanded that it he removed for trial to the county of Butte.

The appellant contends that it had a right to the transfer under section 395 of the Code of Civil Procedure, as amended in 1911. (Stats. 1911, p. 847.) The section reads as follows:

“395. In all other cases, the action must he tried in the county in which the defendants, or some of them, reside at the commencement of the action, or if it

he an action for injury to person, or property, or for death from wrongful act, or negligence, in the county where the injury occurs, or the injury causing death occurs, or in the county in which the defendants, or some of them, reside at the commencement of the action.

If none of the defendants reside in the state, or, if residing in the state, and the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint, and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this code. If any person is improperly joined as a defendant, or has been made a defendant solely for the purpose of having the action tried in the county where he resides, his residence must not be considered in determining which is the proper county for the trial of the action.”

The amendment of 1911 consisted in adding to the section as it had stood theretofore the provision which we have, in our quotation, placed in italics. We have already held that the enactment is a valid exercise of legislative power.