SLAUGHTER v. MEROFF (1949)

District Court of Appeal, Second District, Division 1, California.

SLAUGHTER et al. v. MEROFF et al.

Civ. 16922.

Decided: July 29, 1949

Paul Gordon, Melvin E. Fink, Los Angeles, for appellant. Herbert Gall, Los Angeles, for respondents.

This is an appeal from an order denying motion for change of place of trial.

The complaint alleges an unpaid doctor's bill for $2,500.00, assigned to the plaintiff for collection. Three counts are averred in the complaint: debt, account stated, and work, labor, and services.

Motion for change of place of trial was made. In support of the motion an affidavit by one of the defendants was filed, averring that the defendants were residents of Riverside County.

Counter-affidavit was filed on behalf of the plaintiff, averring that the action is for payment for doctor's professional services rendered to the father of one of the defendants; that the contract for said services was made, the services were rendered, and the obligation to pay for them was incurred in Los Angeles County.

The latter affidavit brings the case within the provisions of subsection (1) of Section 395, Code of Civil Procedure, and the proper place of trial in such circumstances is the county of Los Angeles. Pacific Const. Finance Co. v. Kramer, 42 Cal.App.2d 190, 108 P.2d 723; Turner v. Simpson, 91 Cal.App.2d 590, 205 P.2d 423.

The order is affirmed.

DRAPEAU, Justice.

WHITE, P. J., and DORAN, J., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network