Lyon v. Master Holding Corp.

MOORE, P. J. Defendant Turlock Guarantee Building-[239]Loan Association appeals from an order denying its motion to change the place of trial from Los Angeles to Stanislaus County.

On February 17, 1937, plaintiff filed her action in the Superior Court of Los Angeles County against the predecessors in interest of defendant for damages in the sum of $8,000, suffered by reason of fraudulent representations made to plaintiff in the sale of shares of the capital stock of the Master Holding Corporation, one of such predecessors in interest. The answer of El Portal Building and Loan Association, one of such predecessors, was filed January 28, 1938, and amendments thereto were filed December 7, 1939.

On the 18th day of September, 1941, defendant Turlock Guarantee Building and Loan Association served and filed this motion for a change of place of trial from Los Angeles County to Stanislaus County on the ground of convenience of witnesses. In the notice of motion it is set forth that defendant has its principal place of business in Stanislaus County and that all of its witnesses reside therein, as do also the plaintiff and her witnesses, and that it will be in the interest of justice for both parties to have the case tried in the last-named county. In support of the motion defendant filed its affidavit of merits setting forth that the El Portal Building and Loan Association had its place of business in Stanislaus County and that it had merged all of its interests with the Turlock Guarantee Building and Loan Association April 17, 1939; and that such corporation forfeited its franchise to do business on the 16th day of March, 1933, by reason of its failure to pay its franchise tax; that it has not existed as a corporation since March 16, 1933; that the default of the Master Holding Corporation was entered February 16, 1938 ; that the action was dismissed as to all other defendants; that on the 22nd day of June, 1938, the deposition of plaintiff was taken in Stanislaus County at which time plaintiff named her son and daughter and son-in-law as her three witnesses, all of whom reside in Stanislaus County. The affidavit further averred that the sale of the stock of the Master Holding Corporation took place in Stanislaus County; that at that time it was allied with El Portal Building-Loan Association and they had an interlocking board of directors; that for the purpose of defeating such allegation defendant expects to use seven witnesses who are residents of Stanislaus County and that these witnesses will testify that there wa$ no interlocking board of