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Lee v. Bates12/13/2005
on. The focal point of inquiry here must hence be the "locus of the misrepresentation."
Plaintiffs cite Carroll v. State for support of their position that a false representation has not occurred until a communicant's words are heard by another. Carroll teaches that venue in an action for obtaining money by false pretenses (a criminal offense) is proper where the false statements were published or where the pamphlets were received. The court noted that, " s a libel and slander has no life until it is published, the false pretense has no existence until it is communicated to the proposed victim." False pretenses have not been made until they are received by the aggrieved hearer. Although there is no extant Oklahoma civil jurisprudence to guide us in today's decision, other states when confronted with causes where venue was at issue and the parties were in different localities at the time of the alleged misrepresentation have generally held that venue may be fixed by the location of the listener.
We are persuaded that it is the locus of the misrepresentation's occurrence that is decisive of today's cause. Here the allegedly false statement by Bates was uttered via a telephone conversation in one county and transmitted to Janell Duncan who was present in another. That the critical words were spoken by Bates while she was in Cleveland County is not conclusive on the venue issue. A false representation is not complete until the speaker's words have been received and relied upon by the hearer. Bates' words are without legal effect to establish the Duncans' claim until they were heard by Janell Duncan in Canadian County. Janell Duncan heard Bates' statements while at her residence in that county. She indicated to Bates her interest in proceeding with the potential adoption. The Duncans relied on the information received and the next day signed a non-refundable contract with Bates for legal services to be performed. Part of plaintiffs' cause of action clearly occurred in Canadian County. Applying the terms of § 134 to the claim here, we must hold that a part of the cause of action for false representation arose in Canadian County where it was heard. Venue may hence be correctly laid in that county.
V. SUMMARY
In a cause of action for damages from false representation against a domestic corporation venue may be laid in the county where the alleged false utterance was heard. The terms of § 134, which govern today's venue controversy, provide that an action against a corporation may be brought "in the county where the cause of action or some part thereof arose, . . ." Canadian County, which is the "locus of the misrepresentation," is hence critical to today's analysis and affords venue for the case. A claim for false representation is not complete until the words are heard or otherwise received and relied upon by the aggrieved person. When allegedly false statements are made by an individual whose locus in quo differs from that of the hearer, part of the cause of action for false representation can be said to have arisen where the recipient hears the false utterance. In accordance with the terms of § 134 venue may properly be laid in the county where the recipient was present at the critical time.
On certiorari previously granted upon the Duncans' petition, the Court of Civil Appeals' opinion is vacated and the trial court's order reversed; the cause is remanded to the trial court for further proceedings to be consistent with today's pronouncement.
WATT, C.J. and LAVENDER, HARGRAVE, OPALA, KAUGER, EDMONDSON and COLBERT, JJ. ,concur.
Winchester, V.C.J. and TAYLOR, J., dissent.
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