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DML8/23/2005
be the Defendants' residence, or where the contracts in question specified, contrary to law. We conclude that under these circumstances, pursuant to § 25-2-116, MCA, Defendants are entitled to a change of venue to Missoula. Accordingly, the District Court did not err when it granted Junga Juice/Fulbrights' motion for change of venue to Missoula, and allowed DML to make a motion to sever its action so that, at DML's option, it could be tried in Yellowstone County, as provided in its contract.
As we have determined that the District Court was correct in granting the motion to change venue under § 25-2-116, MCA, it is not necessary to discuss DML's argument that judicial economy is not served by granting the motion.
The order of the District Court is affirmed.
JOHN WARNER
We Concur:
BRIAN MORRIS
PATRICIA O. COTTER
JAMES C. NELSON
Chief Justice Karla M. Gray, specially concurring.
I generally concur in the Court's application of the venue statutes, notwithstanding the relative brevity of the discussion. I am not persuaded, however, that Wentz and Liang-- by their terms--are inapposite here, as the Court states in 14. Indeed, it is my view that we should revisit those cases.
In the late 1990s, the Fulbrights started a business selling fruit juice smoothies. They eventually created Junga Juice, a Montana corporation. The Fulbrights reside, and Junga Juice has its offices, in Missoula County. The Fulbrights/Junga Juice then began entering into franchise agreements with other entities whereby they licensed the company's trademark, drink formulas and names, and overall trade dress to franchisees in exchange for an initial franchise fee and payment of royalties. The four original plaintiffs in this case were Junga Juice franchisees. Rowe entered into a franchise agreement for a store located in Bozeman, Montana; he is not involved in this appeal. DML entered into two franchise agreements to operate two stores in Billings, Montana. MTAZ entered into a franchise agreement to operate a store in Flagstaff, Arizona. Finally, South Dakota Junga Juice entered into a franchise agreement to operate a store in Rapid City, South Dakota.
At some point, the franchisees became unhappy in their dealings with the Fulbrights/Junga Juice. Consequently, they filed a complaint against the Fulbrights/Junga Juice in the Thirteenth Judicial District Court, Yellowstone County, alleging misrepresentation, deceit, recission, breach of contract, common law bad faith, interference with prospective economic advantage and interference with contract. The Fulbrights/Junga Juice moved to change venue to Missoula County. They asserted that, while Yellowstone County may be a proper venue for the claims brought by DML, it was not proper venue for the claims of the other plaintiffs because the claims had no connections to Yellowstone County. The District Court granted the motion to change venue based on § 25-2-116, MCA.
A defendant may move for a change of venue when the county in which the action is brought is not designated as a proper place for trial, and a district court must grant such a motion when the county designated in the complaint is not the proper county. Sections 25-2-114 and -201(1), MCA. The general rule for venue in civil actions is that the proper place for trial "is the county in which the defendants or any of them reside at the commencement of the action." Section 25-2-118(1), MCA. The Fulbrights/Junga Juice reside (or are found) in Missoula County. Other venue statutes provide exceptions to the general venue rule for specific types of actions. Here, the complaint p
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