Can a corporation change the venue of an action to the county of its residence?

California, United States of America


The following excerpt is from Beutke v. American Securities Co., 132 Cal.App.2d 354, 282 P.2d 201 (Cal. App. 1955):

We are therefore of the opinion that if an action is not commenced in a proper county, as set forth in the constitution and statutes, the corporation may change the venue to the county of its residence, but there is no authority for changing it to some other county in which the plaintiff could have brought the action. As hereinbefore pointed out, the provision allowing suit against a corporation in certain counties other than that of its residence is for the benefit of the plaintiff and does not give the defendant corporation the same rights. In the instant case respondents were entitled to request the change of place of trial to the county of their residence, but instead they made a motion to change the [132 Cal.App.2d 362] place of trial to Alameda County, which they concede was not the county where their principal place of business was located, and the court granted their motion. In the recent case of Sausen v. Anderton, 129 Cal.App.2d 324, 276 P.2d 814, where the action was a transitory one triable in the county of defendants' residence, this court said, 129 Cal.App.2d at page 326, 276 P.2d at page 815:

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