Defendant corporate property owner

Procedural Posture Defendant corporate property owner sought review of a decision of the Superior Court of Los Angeles County (California), which denied its motion for a change of place of trial in plaintiff broker's breach of contract suit to recover commissions allegedly due for the sale of certain real property. Overview: breach of contract demand letter The owner argued that the broker filed suit in the wrong county. The property in question was located in another county. The owner's principal place of business was also in the other county. The parties' contract related to services to be performed by the broker in the other county. The contract was signed by the owner's president and by the broker in the county in which the suit was brought. However, it was then transmitted to the other county for the signature of the owner's secretary and the affixing of the corporate seal, as required by the owner's by-laws. The court ruled that the trial court erred in denying the owner's motion because every condition set forth in Cal. Const. art. XII, § 16 for bringing the action in the other county was met. The contract was executed where the last act required for the completion of its execution was performed, which was in the other county. The contract was, by its terms, to be performed in that county, and it was also in that county where its breach occurred. Finally, the owner's principal place of business was also located in the other county. Outcome The court reversed the trial court's decision.