American State Bank of Dickinson v. Hoffelt

I respectfully dissent for the reason that I believe, as the California Courts apparently do, that it is better to permit the court of first instance to decide whether the convenience of the witnesses and the ends of justice would be promoted by retaining the case for trial in the place where it is first venued. Braunstein v. Superior Court, 225 Cal.App.2d 691, 37 Cal.Rptr. 666, 670 (1964). While Braunstein is predicated on specific statutory authority [Cal.Code of Civil Procedure § 369b (West 1973)], it reflects judicial declarations prior to the statute that allowed the trial court to…