Can a motion to change the place of trial on account of the convenience of witnesses be denied?

California, United States of America


The following excerpt is from Seybert v. Imperial County, 139 Cal.App.2d 221, 293 P.2d 135 (Cal. App. 1956):

In the case of Thompson v. Brandt, 98 Cal. 155, 32 P. 890, the defendants moved to change the place of trial on account of the convenience of witnesses; the motion was denied. The plaintiff in that case did not deny in any manner the materiality of defendants' witnesses, nor that their convenience required a change of the place of trial, nor that the ends of justice would be promoted, nor that it alleged that it would cause delay in the trial, nor was the good faith of the defendants impugned. The court stated, in its decision, as follows, 98 Cal. at pages 156-157, 32 P. at page 890: 'The record does not show the grounds upon which the court denied the motion, and we are at a loss to conceive of any grounds upon which the order appealed from could be justified. The action could properly have been brought in Fresno county, in which county the greater part of the land lies; and, no reason appearing in the record against the change, the order cannot be justified upon the ground that granting such orders are in the discretion of the court, for here there was no fact or reason against the change, and hence no basis for the exercise of discretion. The order should be reversed, and the court below directed to enter an order granting the motion.'

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