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Santa Barbara Lodge No. 605 v. Penzner

Court of Appeal of California, Second District, Division Two
May 29, 1951
104 Cal.App.2d 494 (Cal. Ct. App. 1951)

Opinion

Docket No. 18261.

May 29, 1951.

APPEAL from order of the Superior Court of Santa Barbara County granting change of venue. Ernest D. Wagner, Judge. Reversed.

McGee De Loreto for Appellant.

Schauer, Ryon McMahon and Guy E. Ward for Respondent.


This action was commenced in Santa Barbara County for the specific performance of a contract for the sale of real property in that county, or for damages in the event defendant should be unable to fulfill the terms of the contract.

Defendant's motion for change of venue to Los Angeles County on the ground that he is a resident of the latter county was granted and plaintiff has appealed from the order.

[1] The county in which the real property is situated is the county in which the case should be tried. (Code Civ. Proc., § 392; Kopke v. Carlson, 98 Cal.App. 155, 157 [ 276 P. 606]; McFarland v. Martin, 144 Cal. 771, 774 [ 78 P. 239].)

Order reversed.

Moore, P.J., and McComb, J., concurred.


Summaries of

Santa Barbara Lodge No. 605 v. Penzner

Court of Appeal of California, Second District, Division Two
May 29, 1951
104 Cal.App.2d 494 (Cal. Ct. App. 1951)
Case details for

Santa Barbara Lodge No. 605 v. Penzner

Case Details

Full title:SANTA BARBARA LODGE NO. 605, LOYAL ORDER OF MOOSE (a Corporation)…

Court:Court of Appeal of California, Second District, Division Two

Date published: May 29, 1951

Citations

104 Cal.App.2d 494 (Cal. Ct. App. 1951)
231 P.2d 595

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