61 P. 80 | Cal. | 1900
This appeal is by certain defendants from an order made by the superior court of the county of Orange, changing the place of trial from said county to the superior court of Los Angeles county. The order was made at the request of plaintiffs upon affidavit showing that the judge of the superior court of Orange county was disqualified by reason of personal interest in the corporation plaintiff. The fact that the judge was disqualified was conceded, but upon the hearing of the motion affidavits were filed, on behalf of certain defendants, tending to show that it would be more convenient and less expensive for the defendants making the application to have the case transferred either to the superior court of San Bernardino or of Riverside county. These affidavits did not tend to show that the superior court of the county of Los Angeles was not the nearest and most accessible court to the superior court of Orange county; but the defendants who have appealed claim that the court must take into consideration the residence of defendants and their witnesses, and the convenience of witnesses, in determining *570
which is the most accessible court, and transfer the cause to such court. We do not think this the correct interpretation of the statute. It is provided in the Code of Civil Procedure, section
It does not appear how many plaintiffs there are in the case. It does appear that there are over two hundred and fifty defendants, and only some forty-five joined in the motion. The affidavits filed are contradictory as to which county would be the most convenient for witnesses, San Bernardino or Riverside, and does not set forth the names of the witnesses, nor what the defendants expect to prove by either of them. The names of six attorneys or firms are signed to the notice of appeal, but there is nothing in the record to show what defendant or defendants either of them represents, except it appears that "Collier Evans" represent some thirty-five whose names are given in the affidavit of Lyman Evans contained in the record. It does appear that many defendants are represented by other attorneys, and that these defendants were not parties to the motion and have not appealed from the order.
We advise that the order be affirmed.
Haynes, C., and Gray, C., concurred. *572
For the reasons given in the foregoing opinion the order is affirmed. Garoutte, J., Harrison, J., Van Dyke, J.