Gaskill v. Richmaid Ice Cream Co.

Plaintiff appeals from an order granting a motion for change of venue from the city and county of San Francisco to San Joaquin County. One Molick as as signee commenced an action in the San Francisco superior court in which a motion for change of venue was granted to San Joaquin County. Molick thereupon dismissed the action and assigned the claim to appellant. Appellant then filed the instant action in the superior court of San Francisco against the same defendants on the same substantive cause of action. The complaint in the second action contained an allegation, not found in that in the…