Does a defendant have a right to have an action in his own home county?

California, United States of America


The following excerpt is from Cal-Ore Lumber Sales v. Russell, 133 Cal.App.2d 296, 284 P.2d 179 (Cal. App. 1955):

Unless the plaintiff can being himself within some exception the defendant has a right to have the action tried in the county of his residence. Goossen v. Clifton, 75 Cal.App.2d 44, 47-48, 170 P.2d 104.

Commenting on the quoted part of section 395, the court, in Armstrong v. Smith, 49 Cal.App.2d 528, at page 531, 122 P.2d 115, at page 117, said:

Page 183

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