Daugherty v. Kaplan

The complaint in this action was filed in Fresno County and appellant, who was named as a defendant therein and was a resident of Madera County, filed a motion for change of place of trial to the county of his residence. The motion was denied by the trial court and this appeal followed.

It is conceded that the action is transitory and that in such an action the county in which the defendants, or some of them, reside at the commencement of the action, is the proper county for the trial thereof. (Code Civ. Proc., § 395.) It is also conceded that the defendants Jack D. Green, Lucille B. Green and…