McDuffie v. California Tehama Land Corp.

ARCHBALD, J., pro tem. Appeal by plaintiff from an order changing the place of trial from Los Angeles County to the city and county of San Francisco.

[247]Plaintiff, as receiver of the Richfield Oil Company of California, filed his complaint in the Superior Court of Los Angeles County against defendant corporation for the recovery of the unpaid balance of a certain sum which it is alleged defendant agreed to pay in monthly installments of $1,000 each. The complaint alleges the corporate existence of both parties but does not allege where the principal place of business of either is located.

Defendant interposed a demurrer to the complaint and filed therewith its notice of motion for an order transferring the place of trial from Los Angeles County to the city and county of San Francisco, upon the sole ground that its principal place of business was in the latter named place. An affidavit of the president of defendant corporation was also filed therewith, stating that the principal place of business of the corporation at the time of the commencement of the action was in said city and county of San Francisco. On the hearing of such motion plaintiff, by leave of court, filed its affidavit in opposition to the motion, which stated substantially that at all times mentioned in the complaint the principal place of business of said Richfield Oil Company was in Los Angeles, that the indebtedness referred to in the complaint was payable in said county and that the breach of defendant’s obligation to pay occurred there. The matter was continued, over plaintiff’s objection, to give defendant an opportunity to file additional affidavits in support of its motion, and on the day set an affidavit was filed by it which denied that the indebtedness was payable in Los Angeles County, or that the alleged breach of obligation to pay occurred there, and alleged, “but that in truth and in fact the said obligation arose, was contracted for and was to be performed at and in the city and county of San Francisco.”

Article XII, section 16, of the Constitution, permits a plaintiff “at his option” to sue a corporation in the county (1) where the contract is made, (2) where it is to be performed, or (3) where the obligation arises, or (4) the breach occurs, or (5) in which defendant’s principal place of business is situated. It is well settled that the language “may be sued” means not merely that the action may be commenced, but that it may be prosecuted to final judgment, unless the defendant can allege and show some sufficient