Procedural Posture

Plaintiff attorney challenged the decision of the Superior Court of Riverside County (California), which granted defendant theater operators' motion for a change of venue to the county of their residence.

Overview

The attorney filed a complaint against the theater operators for rescission, accounting, and damages. The theater operators filed a motion for change of venue to the county of their residence, which was granted. On review, the court found that the attorney's complaint was partly local and partly transitory. Therefore, the theater operators were entitled to the change of venue. The trial court's decision was affirmed.

Outcome: civil litigation lawyer

The trial court's decision that granted the theater operators' motion for change of venue was affirmed.

Procedural Posture

Defendant credit company sought review of a decision by the Superior Court of Sacramento County (California), which entered judgment in favor of plaintiff store owners in their action for the recovery of personal property and fixtures and for damages.

Overview

The store owners rented space and fixtures from the landlord in order to run their grocery business. The landlord owned money to the credit company, and the credit company seized the fixtures from the store owners' store based on the landlord's failure to pay. The store owners brought an action for the return of the fixtures and for damages. The lower court entered a judgment in favor of the store owners. Upon appeal, the court affirmed, holding that the creditor was not prejudiced by the amendment to the prayer of relief which struck the demand for the recovery of the property or its value in case delivery could not be had because the store owners had such a remedy under Cal. Civ. Proc. Code 667. The court found that the loss of provisions and other merchandise by the store owners was directly caused by the acts of the credit company. The store owners were entitled to damages including compensation for the usable value of the property of which they were deprived, regardless of whether they hired other property to take its place or not.

Outcome

The court affirmed the judgment in favor of the store owners.

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