Norins Realty Co. v. Consolidated Abstract & Title Guaranty Co.

SHINN, Acting P. J. This action was instituted in Los Angeles County against Consolidated Abstract and Title Company, a corporation, and five named individuals. The corporation and defendant A. E. Grow appeared by demurrer and [880]moved for transfer of the cause to San Bernardino County, where the principal place of business of defendant Consolidated was and is located, and in which the real property, which is one of the subjects of the action, is located. The motion was supported by the affidavit of A. E. Grow and no counteraffidavit was filed by plaintiff, although it was alleged in the complaint that defendant Grow and the four other individual defendants resided in the county of Los Angeles. So far as "appears, these four defendants had not been served with process at the time of the hearing. Defendants’ motion for an order changing the place of trial was granted and plaintiff appeals.

The sole contention of plaintiff is that the five individual defendants are proper parties defendant, that the complaint states the substance of a cause of action against them and that the action is, therefore, triable in Los Angeles County, although if Consolidated had been the only defendant it would have been proper to have removed the cause to San Bernardino County.

Prom an examination of the complaint we are unable to discover in its allegations the existence of any cause of action against the individual defendants. The complaint is in two causes of action. It alleges that in the year 1925, Consolidated was the owner of 1,171 lots in certain subdivisions and also 180 acres of unsubdivided land in the mountains of San Bernardino County; that in 1927, Consolidated organized a mutual water company, Alpine Water Users Association, for the development of water underlying said property for distribution to the purchasers of lots; that prior to August 30, 1925, Consolidated sold to various purchasers 668 of the aforesaid 1,171 lots and transferred to each purchaser one share of water stock; that on October 30, 1945, Consolidated agreed to sell and plaintiff to purchase 503 lots in said subdivisions, together with one share of water stock for each of said lots, said agreement containing the following provisions: “The Vendor represents that it has made a survey of the water bearing lands and that sufficient water is or can be made available for domestic use requirements of the owners of the property embraced in Parcels 1, 2, 3, 4 and 6. That Vendor has reserved certain lots in said subdivisions embraced in Schedule ‘A’ for the purpose of developing water for use by the owners of the property embraced in said Schedule ‘A’; that Vendor agrees to convey without cost to the Vendee, said reserved lots to the Alpine Water Users Association.”