Legal Opinion · Dissent

La Mirada Cmty. Hosp. v. Superior Court of Orange Cty.

California Court of Appeal

Decided February 28, 1967No. Civ. 8541Published

1DissentWhelan, J.

I dissent.

The motion of the petitioners for change of place of trial clearly was made upon the ground that Orange County was not the proper county for the commencement of the action; that Los Angeles County was the proper county. The affidavit alleged that both the defendant corporation and the defendant copartnership had their principal place of business in Los Angeles County. The notice of motion was supported by a citation of section 395, Code of Civil Procedure. The stipulation of the parties was that the motion “may be granted.” That fact should be determinative of this proceeding.…

2Cases cited23 opinions

  1. Cox v. Tyrone Power Enterprises Inc.California Court of Appeal · 1942
  2. McFarland v. MartinCalifornia Supreme Court · 1904
  3. Maxwell v. PerkinsCalifornia Court of Appeal · 1953
  4. Estate of HoweCalifornia Court of Appeal · 1948
  5. General Motors Acceptance Corp. v. CodigaCalifornia Court of Appeal · 1923

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