Lake

This is an appeal by plaintiff, hereinafter called Lake, from an order granting the motion of defendant Wyatt Earp Enterprises, Inc., hereinafter called Earp, for a change of venue.

Facts

Lake’s complaint, filed in the Superior Court of San Diego County, after setting forth Lake’s residence, reputation as an author, Earp’s corporate existence and production of a television series on “The Life and Legend of Wyatt Earp,” and fictitiously named defendants, alleges that on June 28, 1954, Lake made a contract with Robert F. Sisk by which Lake leased or granted to Sisk certain rights to the use of Lake’s proprietary material relating to Wyatt Earp; that a purported true copy of the contract is attached to the complaint; that all the rights of Sisk have been transferred to Earp and Earp has sublet some of the rights to others; that Earp now considers and maintains that the contract terminated June 28, 1959, except certain payments for reruns or showings of films produced prior to said termination date; that plaintiff contends that Earp has continued to use the material transferred to Earp under said contract, in spite of the fact that the material belongs to Lake, and Earp is…