Fletcher v. Nordesta Homes, Inc.

NOURSE, J. pro tem.* Appellants appeal from an order granting defendants’ motion changing the place of trial of the action from the county of Ventura where the action was commenced to the county of Los Angeles. Appellants attack the order on two grounds:

First, that the action was local in character and that under the provisions of article VI, section 5, of the Constitution of this state and the provisions of section 392, Code of Civil Procedure, Ventura County is the proper county for the place of the trial of the action.

They base this contention upon the fact that in the prayer of their complaint they seek that any amounts awarded them as damages be declared a lien upon the real property described in the complaint. This contention cannot be sustained. There being but one cause of action stated, the character of the action, i.e., as to whether it is local or transitory is to be determined by what is the main relief sought by the plaintiffs or, in other words, what is the principal object of the action. (Smith v. Smith, 88 Cal. 572 [26 P. 356]; Grocers’ etc. Union v. Kern County Land Co., 150 Cal. 466 [89 P. 120] ; Chadbourn, Grossman and Van Alstyne, California Pleading, vol. 1, §§ 375-380.) This must be determined from the complaint alone. (Peiser v. Mettler, 50 Cal.2d 594, 603 [328 P.2d 953, 74 A.L.R.2d 1]; Sam Finman, Inc. v. Rokuz Holding Corp., 130 Cal.App.2d 758, 759-760 [279 P.2d 982]; Chadbourn, Grossman and Van Alstyne, California Pleading, vol. 1, § 233.) If the complaint shows that the principal relief sought involves recovery of the possession of, the title to real property, or any estate or right or interest therein, or the enforcement of a lien thereon or an injury thereto, the action is to be deemed local in character and a trial may only be held in the county where the real property is situated even though the plaintiff may, as an incident to his cause of action as to the real property, ask for relief which, if sought alone would be transitory in character. If, however, the principal relief sought is transitory in character then the defendant is entitled to have the ease tried in the county of his residence, even though as an incident to the personal judgment which plaintiff seeks, he may ask relief which affects the [36]title to or an interest in real property situated outside of the county in which he resides. (Smith v. Smith, supra, 88 Cal. 572; Grocers’ etc. Union v. Kern County Land Co., supra, 150 Cal. 466; Howe v. Tucker, 219 Cal. 193 [25 P.2d 832]; Neet v. Holmes, 19 Cal.2d 605, 611 [122 P.2d 557] ; Beutke v. American Securities Co., 132 Cal.App.2d 354 [282 P.2d 201].)