BB-22-f-1
Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street at Civic Center
San Francisco, California 94102
Tel: 864-3131
Attorneys for Defendant
Peoples Temple of the Disciples of Christ, a nonprofit corporation
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MENDOCINO
STEVEN A. KATSARIS,
Plaintiff,
v.
JAMES WARREN JONES, also known as JIM JONES; SANDRA BRADSHAW, also known as SANDRA INGRAM; PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation; PAULA ADAMS; and FIRST DOE through FIFTIETH DOE, inclusive,
defendants.
No. 39911
NOTICE OF MOTION FOR CHANGE OF VENUE [CCP § 397 (1)
TO EACH PARTY AND TO THE ATTORNEY OF RECORD FOR EACH PARTY:
YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE THAT on July 21, 1978, at the hour of 9:30 AM, or as soon thereafter as the matter may be heard, in Department I of the above-entitled Court, at State and Perkins Streets, Ukiah, California, defendant Peoples Temple of the Disciples of Christ will move for an order changing the place of trial of this action to the Superior Court of the State of California in and for the City and County of
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San Francisco.
Said motion will be based on this notice of motion, the attached declaration under penalty of perjury of Carol Stahl, the attached memorandum of points and authorities, such supplemental affidavits as may be filed subsequently herein, such supplemental memoranda of points and authorities as may be filed subsequently herein, and such oral and documentary evidence as may be presented at the hearing of this motion.
Dated: July 1st, 1978
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
by
/s/ Charles R. Garry
Charles R. Garry
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MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF MOTION FOR CHANGE OF VENUE
I. A corporate defendant can be sued only in the county of its principal place of business, the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs. CCP § 395.5
II.If there is one cause of action which the defendant is entitled to have tried at his residence, defendant is entitled to a change of venue, regardless of how many other causes may be stated which are not subject to change.
Johnson v. Superior Court, 232 CA 2d 212 (1965).
Sanborn v. Pomona Pump Co., 131 CA 241 (1933)
(rule applied to corporate defendant)
III. Defendant has a right to change of venue because venue in Mendocino County is improper for the third cause of action.
The third cause of action alleges that defendants in San Francisco and in Guyana conspired to libel plaintiff and that certain words were spoken to by defendant Adams in Georgetown, Guyana. There is no allegation that these words were spoken, published, or caused to be published by defendants in Mendocino County, nor that the words were heard in Mendocino County. Nor is there any allegation that plaintiff was injured by those words in that county. Thus, there are no allegations of any liability of defendants arising in Mendocino County.
None of the defendants reside in Mendocino County. See Declarations of Stahl. Nor is there any contract involved or alleged in this action.
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CONCLUSION
For all of the reasons stated above and in the declaration filed in support of this motion, defendant People’s Temple of the Disciples of Christ is entitled to a change of venue to the City and County of San Francisco.
Dated: July 1st, 1978
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
by
/s/ Charles R. Garry
Charles R. Garry
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DECLARATION OF SANDRA L. BRADSHAW
I, Sandra L. Bradshaw, hereby declare as follows:
I am informed that I am one of the defendants named in the action of Katsaris v. James Warren Jones, et al., No. 39911, in the Superior Court of the State of California in and for the County of Mendocino.
I lived in the County of Mendocino, California, from October 1971 through March 25, 1977. During that time, I worked for the County of Mendocino, first as a Juvenile Hall Counselor and then for the last five years in the capacity of a Deputy Probation Officer.
During the last week of March, 1977, I took two weeks off; and at the end of that time, I requested and received a three months leave of absence from my job. After the three months, I was not able to return to my job, due to personal reasons. I then met with Mr. Thomas Martin, Chief Probation Officer, and told him I would not be returning. That was approximately July 11, 1977.
I have not been in Mendocino County since that time, except for one day when I picked up the things I had left in my office, several months later. I have not been a resident of Mendocino County since March 25, 1977.
I have lived in San Francisco, California since April, 1977.
Executed on July 1, 1978 at San Francisco, California.
I declare under penalty of perjury that the foregoing is true and correct.
SANDRA L. BRADSHAW
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Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street at Civic Center
San Francisco, California 94102
Tel: 864-3131
Attorneys for Defendant
Peoples Temple of the Disciples of Christ, a nonprofit corporation
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MENDOCINO
STEVEN A. KATSARIS,
Plaintiff,
v.
JAMES WARREN JONES, also known as JIM JONES; SANDRA BRADSHAW, also known as SANDRA INGRAM; PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation; PAULA ADAMS; and FIRST DOE through FIFTIETH DOE, inclusive,
defendants.
No. 39911
DECLARATION OF MERITS IN SUPPORT OF MOTION FOR CHANGE OF VENUE [CCP § 396b)
I, CAROL STAHL, say:
I am the President of the People’s Temple of the Disciples of Christ, a nonprofit corporation, a defendant in the above-entitled action.
I have fully and thoroughly stated the case in this cause, and all the facts and circumstances connected therewith to my attorney, Mr. Charles R. Garry, who is an attorney and counselor at law duly admitted to practice in all courts of the State of
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California; after such statement, I am advised by said counsel, and verily believe, that I have a good and valid defense to the alleged cause of action set forth in the complaint herein, on the merits.
Executed on July 1st, 1978, at San Francisco, California.
I declare under penalty of perjury that the foregoing is true and correct.
CAROL STAHL
President, People’s Temple of the Disciples of Christ
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Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street at Civic Center
San Francisco, California 94102
Tel: 864-3131
Attorneys for Defendant
Peoples Temple of the Disciples of Christ, a nonprofit corporation
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MENDOCINO
STEVEN A. KATSARIS,
Plaintiff,
v.
JAMES WARREN JONES, also known as JIM JONES; SANDRA BRADSHAW, also known as SANDRA INGRAM; PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation; PAULA ADAMS; and FIRST DOE through FIFTIETH DOE, inclusive,
defendants.
No. 39911
DECLARATION OF CAROL STAHL IN SUPPORT OF MOTION FOR CHANGE OF VENUE [CCP § 397(1))
I, CAROL STAHL, say:
I am the President of the People’s Temple of the Disciples of Christ, a nonprofit corporation, a defendant in the above-entitled action.
At the time of the commencement of this action, and ever since that time, the People’s Temple of the Disciples of Christ has been a nonprofit corporation with its principal place of business in the City and County of San Francisco. At no part
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of said time was the principal place of business of the People’s Temple of the Disciples of Christ in the County of Mendocino, California. See Exhibit A, attached hereto and incorporated here by reference.
I am informed and believe, and on such information and belief, allege that at the time of the commencement of this action, and ever since that time, none of the other defendants in this action has been a resident of Mendocino County, California. Defendants James Warren Jones and Paula Adams are, and have been during all of said time, residents of Jonestown, Guyana. Defendant Sandra Bradshaw is, and during all of said time has been, a resident of the City and County of San Francisco, California.
The complaint is [in] this action contains three causes of action, all based on alleged libel of plaintiff by defendants. The third cause of action alleges that defendant Adams spoke certain words in Georgetown, Guyana. The words allegedly spoken in Georgetown, Guyana were not spoken or heard, and were not published, nor caused to be published, by any other defendants in Mendocino County, California.
There is no contract alleged or involved in this action.
Executed on July 1st, 1978, at San Francisco, California.
I declare under penalty of perjury that the foregoing is true and correct.
CAROL STAHL
President, People’s Temple of the Disciples of ChristAmendments to Peoples Temple Articles of Incorporation (1976)