Thommes

This is an appeal from an order denying a motion for change of venue. This action was brought in Los Angeles County. The defendant filed a demurrer and a demand that the place of trial be transferred to the county of Kern. The matter was submitted on affidavits of the respective parties, two of which were submitted by plaintiff and two by the defendant. The trial court denied defendant’s motion.

The only question involved in this appeal is the sufficiency of the plaintiff’s affidavits. There was no oral or other evidence offered by the parties other than the affidavits. “In considering the affidavits used upon the said motion this court is bound by the same rule that controls where oral testimony is presented for review.” (Sourbis v. Rhoads, 50 Cal. App. 98, at p. 100 [ 194 Pac. 521 ].)

The defendant admits the correctness of the above rule, but contends that plaintiff’s affidavits do not contain any substantial evidence upon which the trial court could base its order. While we are not called upon to pass on the sufficiency of the defendant’s affidavits, as was the trial court, we may observe here that the criticism offered of plaintiff’s affidavits can be equally well applied…