Hecker

This is an action brought to partition 80 acres of land located in San Diego County. Defendant cross-complained, denying plaintiff’s title and alleging superior title in himself. Defendant moved to change the place of trial to Los Angeles County on the ground of convenience of witnesses and to promote the ends of justice. On conflicting affidavits, the trial court denied the motion for change of venue, and defendant appeals.

Defendant, appellant herein, contends that the trial court abused its discretion in denying the motion for change of venue.

From the record before us, it appears that in support of his motion for change of venue, defendant filed an affidavit claiming, in general substance, that he will need at the trial four witnesses who are all in the neighborhood of or over 80 years of age and who all reside in Los Angeles County; that great hardship will be caused by compelling them to attend a trial in San Diego County; that he expects to prove by such witnesses that defendant represented to them that at the time when plaintiff purchased certain interests in the land here in question at a tax sale, he was acting on behalf of the Anna Hecker Trust; that plaintiff…