[Amendment, passed March 24, 1858, 82; took effect April 1,

1858.

[5 Cal. 117; 15 Cal. 418; 22 Cal. 537.]

Change of place of trial.

$ 21. The court may, on motion, change the place of trial in the following cases:

First. When the county designated in the complaint is not the proper county.

Second. When there is reason to believe that an impartial trial cannot be had therein.

Third. When the convenience of witnesses and the ends of justice would be promoted by the change.

Fourth. When from any cause the judge is disqualified from acting in the action.

[3 Cal. 410, 438; 15 Cal. 418; 22 Cal. 127, 537: 23 Cal. 165; 24 Cal. 73, 78; 28 Cal. 245.

As to the change of place of trial and transfer of actions, see also "An Act relative to transferring actions and proceedings from one court to another court," passed May 6, 1854, 153; post, 673.

As to disqualification of judges, see Act of April 20, 1863, 333; Hittell's Gen. Laws, 1297.]

which the parties, or some of them, reside at the commencement of the action; or if none of the parties reside in the State, the same may be tried in any county which the plaintiff may designate in his complaint; subject, however, to the power of the court to change the place of trial, as provided in this act.

TITLE III.

OF THE MANNER OF COMMENCING CIVIL ACTIONS.

Complaint and summons. Appearance waiver of summons. § 22. Civil actions in the district courts, superior court of the City of San Francisco, and the county courts, shall be commenced by the filing of a complaint with the clerk of the court in which the action is brought, and the issuing of a summons thereon; provided, that after the filing of the complaint a defendant in the action may appear, answer or demur, whether the summons has been issued or not; and such appearance, answer or demurrer shall be deemed a waiver of summons. (a) [Amendment, approved May 7, 1855, 303.

[10 Cal. 374; 19 Cal. 577; 29 Cal. 238.

As to what is deemed an appearance, see also post, 523.]

Summons, when to be issued.

23. The clerk shall indorse on the complaint the day, month, and year, the same is filed; and at any time within one year after the filing of the same, the plaintiff may have a summons issued. The summons shall be signed by the clerk and directed to the defendant, and be issued under the seal of the court. (b) [Amendment, approved April 28, 1860, 298.

[29 Cal. 238.]

(a) The original section was the same as the text, except that it did not contain the proviso.

The superior court of the City of San Francisco was abolished by Act of March 30, 1857, 128.

(b) The original section was the same as the text, except that it did not contain the words "within one year."

Summons, what to state.

$ 24. The summons shall state the parties to the action, the court in which it is brought, the county in which the complaint is filed, the cause and general nature of the action, and require the defendant to appear and answer the complaint within the time mentioned in the next section, after the service of summons, exclusive of the day of service, or that judgment by default will be taken against him, according to the prayer of the complaint, briefly stating the sum of money or other relief demanded in the complaint, and the clerk shall also indorse on the summons the names of the plaintiff's attorneys. (a) [Amendment, approved February 21, 1859, 39; took effect May 20, 1859; not to apply to actions commenced before that day.

[3 Cal. 192.]

[The foregoing amendment was declared, (by an Act approved April 2, 1859, 155; took effect May 20, 1859,) not to apply to the Counties of Solano, Fresno, Tulare, Calaveras, Sutter, Sonoma, Butte, Mariposa, Yolo, Contra Costa, Tehama, Los Angeles, Monterey, Plumas, San Bernardino, Stanislaus, San Joaquin, Yuba, Merced, Trinity, Humboldt, Klamath, Del Norte, Tuolumne, Santa Cruz, Shasta, Napa, El Dorado, Placer, Santa Barbara, San Luis Obispo, Marin, Mendocino, Alameda, Santa Clara, and Amador. The section in force in these counties is as follows:]

§ 24. The summons shall state the parties to the action, the court in which it is brought, the county in which the

(a) Original section:

§ 24. The summons shall state generally the nature of the action; the parties thereto; the court in which it is brought; the county in which the complaint is filed; and require the defendant to appear and answer the complaint within the time mentioned in the next section, after the service of summons, exclusive of the day of service; or that judgment, by default, will be taken against him.

complaint is filed, and require the defendant to appear and answer the complaint, within the time mentioned in the next section, after the service of summons exclusive of the day of service, or that judgment by default will be taken against him according to the prayer of the complaint, briefly stating the sum or other relief demanded in the complaint. (a) [Amendment passed May 15, 1854, 84; took effect July 1, 1854.

Time to answer.

§ 25. The time in which the summons shall require the defendant to answer the complaint, shall be as follows: First. If the defendant is served within the county in which the action is brought, ten days.

Second. If the defendant is served out of the county, but in the district in which the action is brought, twenty days. Third. In all other cases, forty days.

Notice to be inserted in summons.

§ 26. There shall also be inserted in the summons a notice, in substance, as follows:

First. In an action arising on contract for the recovery only of money or damages, that the plaintiff will take judg ment for a sum specified therein, if the defendant fail to answer the complaint.

Second. In other actions, that if the defendant fail to

(a) Original section;

§ 24. The summons shall state generally the nature of the action; the parties thereto, the court in which it is brought, the county in which the complaint is filed; and require the defendant to appear and answer the complaint within the time mentioned in the next section, after the service of summons, exclusive of the day of service; or that judgment, by default, will be taken against him.

answer the complaint, the plaintiff will apply to the court for the relief demanded therein.

[13 Cal. 592; 18 Cal. 102, 205; 21 Cal. 107; 22 Cal. 200.]

Notice of pendency of action.

§ 27. In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may file with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties to, and the object of, the action, and a description of the property in that county affected thereby, and the defendant may also, in such notice, state the nature and extent of the relief claimed in the answer. From the time of filing, only, shall the pendency of the action be constructive notice to a purchaser, or incumbrance [incumbrancer] of the property affected thereby.(a) [Amendment approved May 15, 1862, 572; took effect from passage.

[23 Cal. 16, 335, 409; 24 Cal. 427: 26 Cal. 124; 27 Cal. 50; 29 Cal. 131.

As to alienation of real property by person in possession before or after commencement of suit, see post, 263.]

(a) Original section:

§ 27. In an action affecting the title to real property, the plaintiff at the time of filing the complaint, or at any time afterwards, may file with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property in that county affected thereby. From the time of filing only, shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.