Legal Opinion

Marshall v. Dunlap

California Court of Appeal

Decided December 20, 1955No. Civ. No. 20970Published

1Opinion of the CourtMoore, P. J.

The sole question posed is whether the court below abused its discretion in ordering a change of place of trial on the ground of convenience of witnesses and the promotion of the ends of justice. (Code Civ. Proc., § 397, subd. 3.)

Appellants Marshall sued respondents in the Superior Court of Los Angeles County for the wrongful death of their parents. The amended complaint alleges that the deaths resulted from a collision of the Marshall automobile with a jeep of the Dunlaps negligently driven by one Spivey, agent of the Dunlaps, and that the accident occurred about 11 miles south of Indio in…

2Cases cited9 opinions

  1. Gordon v. PerkinsCalifornia Supreme Court · 1928
  2. Willingham v. PecoraCalifornia Court of Appeal · 1941
  3. Badella v. MillerCalifornia Supreme Court · 1955
  4. Yellow Manufacturing Acceptance Corp. v. StoddardCalifornia Court of Appeal · 1949
  5. Smith v. Pelton Water Wheel Co.California Supreme Court · 1907

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