McKune

This is an appeal from an order denying defendant’s motion for a change of place of trial from the city and county of San Francisco to the county of Los Angeles. The action is one for divorce, and was commenced on March 7, 1918. Summons was served on March 14, 1918. The motion for change of place of trial was heard and determined upon the affidavits of the parties.

[1] In defendant’s affidavit it is stated: “That at the time of the commencement of this action, and from since the second day of March, 1918, and at this time she is a bona fide resident of the county of Los Angeles, state of California, where she now lives with her infant child and is supporting herself and child by her own efforts and with the aid of her friends, and without any aid or support from her husband, the plaintiff.” There can be little doubt that the above statement is one of a probative fact, and was sufficient of itself, if uncontradicted, to justify the granting of her motion. (O’Brien v. O’Brien, 16 Cal. App. 103 , [ 116 Pac. 692 ].) In the case last cited the court had under consideration a similar affidavit, and it was held that, although the allegation may in a sense involve a legal conclusion,…