Appellant agent challenged an order

Appellant agent challenged an order

Appellant agent challenged an order of the Superior Court of Alameda County (California), which granted appellee corporation a change of venue from the trial court’s county to the county that was the place of the corporation’s residence in the agent’s breach of contract action.

California Business Lawyer & Corporate Lawyer, Inc. are San Diego lawyers restaurant

Overview

The corporation and agent entered into a contract where by the corporation appointed the agent as its exclusive sales representative. The agent filed an action against the corporation alleging that it had broken the contract. It claimed that the contract was to be performed in the county in which the trial court was located. The corporation filed a motion for a change of the place of trial to the county of its residence. The trial court granted the motion. The court affirmed and held that the contract was made and was to be performed in the county of the corporation’s residence. The affidavit of the corporation’s president was uncontradicted with respect to the corporation’s residence and principal place of business. The evidence showed that the breach of contract occurred in at the corporation’s residence. The complaint was extremely vague and indefinite as to the alleged violations of the contract.

Outcome

The court affirmed the order granting the corporation a change of venue in the agent’s breach of contract action.