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DML8/23/2005
resents claims sounding in both contract and tort. Section 25-2-121(1)(b), MCA, provides that a proper place for trial of an action based on contract is the county in which the contract was to be performed. Section 25-2-122(1)(b), MCA, provides that a proper place for trial of a tort action is the county in which the tort was committed and, if the tort is interrelated with an action for breach of contract, the tort is committed in the county in which the contract was to be performed. Thus, in this case there are several proper places for trial: (1) Missoula County, where the Fulbrights/Junga Juice reside; and (2) the counties in which at least the Montana franchises were to be performed.
The parties do not dispute that Yellowstone County is a proper place for trial of the claims relating to the DML franchise agreements pursuant to §§ 25-2-121(1)(b) and -112 (1)(b), MCA, because the two DML agreements were to be performed in Billings, Yellowstone County, Montana. Nor do the parties dispute that the claims relating to the other franchise agreements have no nexus to Yellowstone County. Thus, the parties agree that Yellowstone County is not a statutorily-designated proper place for trial of the other franchisees' claims pursuant to their franchise agreements.
The franchisees argue that the District Court erred in changing venue from Yellowstone County to Missoula County because the Fulbrights/Junga Juice were not entitled to a change of venue. Section 25-2-115, MCA, on which the franchisees rely, provides that
f this part designates more than one county as a proper place of trial for any action, an action brought in any such county is brought in a proper county and no motion may be granted to change the place of trial upon the ground that the action is not brought in a proper county under 25-2-201(1). If an action is brought in a county not designated as a proper place of trial, a defendant may move for a change of place of trial to any of the designated counties.
In response, the Fulbrights/Junga Juice contend that the District Court did not err in changing venue. They assert § 25-2-115, MCA, does not apply in this case and, instead, the District Court correctly relied on § 25-2-116, MCA, in determining that venue must be changed to Missoula County. Section 25-2-116, MCA, provides that
n an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action, subject to the power of the court to separate claims or issues for trial under Rule 42(b) of the Montana Rules of Civil Procedure.
In my view, the District Court properly relied on § 25-2-116, MCA, in changing venue to Missoula County, because § 25-2-115, MCA, does not preclude a change of venue under the facts of this case. At the outset, I observe that §§ 25-2-115 and -116, MCA, must be interpreted so that the statutes do not conflict with each other or one render the other meaningless. See §§ 1-2-101 and 1-3-232, MCA. To that end, I believe the § 25-2-115, MCA, prohibition on changing venue would apply in the following two situations. First, in all cases where an action consists of a single claim and the action is brought in a county that is designated a proper place for trial (regardless of whether there are one or several proper counties), a motion for change of venue must be denied. Second, in cases where an action consists of two or more claims and, for any of the claims, the venue statutes designate more than one county as a proper place for trial, if the action is brought in a county which is designated a proper
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