Emo v. Massae

This is an appeal by defendant from an order denying his motion for change of venue. Plaintiffs filed a complaint in Madera County alleging defendant’s indebtedness to them in the sum of $6,576.44. The complaint alleges a common count for “work, labor and services performed and monies advanced by plaintiffs to the defendant and for the benefit of the defendant at defendant’s special instance and request.” Defendant filed a motion for change of venue, pursuant to Code of Civil Procedure, section 395, alleging residence in the County of Butte.

Section 395 of the Code of Civil Procedure, insofar…