California, United States of America
The following excerpt is from Peiser v. Mettler, 328 P.2d 953, 50 Cal.2d 594, 74 A.L.R.2d 1 (Cal. 1958):
Section 397(3) of the Code of Civil Procedure provides that the court may, on motion change the place of trial 'When the convenience of witnesses and the ends of justice would be promoted by the change.' In Willingham v. Pecora, 44 Cal.App.2d 289, 295, 112 P.2d 328, it was held that both of the conditions convenience of witnesses and the ends of justice must occur and that the moving party has the burden of proving that both conditions will be met.
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