82 P. 848 | Cal. | 1905
The defendants appeal from an order denying their application for a change of the place of trial of the action.
The suit was begun in the superior court of the city and county of San Francisco. A.D. Logan was then, and still is, a resident of Glenn County, and the Grangers' Business Association was then, and still is, a resident of San Francisco. The ground of the motion is that Logan being a resident of Glenn County, the city and county of San Francisco is not the proper place of trial, under section
The fact that the plaintiffs might have maintained an action for a part of the relief to which they were entitled, and that in an action for such limited relief no person except Logan could properly be made a defendant, would not justify a change of venue of the action which they have stated in the complaint. The test is to be made by ascertaining who are necessary parties to the action as it is set forth in the complaint, and what parties are necessary in order to enable the plaintiffs to obtain all the relief which is properly included in the prayer for relief made therein. (Greenleaf v. Jacks,
The joinder of all the defendants in the motion to change the venue does not make the change imperative. (Quint v. Dimond,
The order is affirmed.
Angellotti, J., and Van Dyke, J., concurred.