Taaffe

This is an appeal by defendant from an order denying his motion for a change of place of trial based upon the ground of nonresidence.

The complaint contained two counts, the first being for the foreclosure of a mechanic’s lien theretofore filed against property situate in the county in which the action was brought, and the second for the recovery of the reasonable value of the work and services alleged to have been performed by respondent for appellant at the latter’s request. The authorities hold uniformly that where real and personal actions are joined in the same complaint the case must be tried in the county of the defendant’s residence upon proper demand being made therefor (Sheeley v. Jones, 192 Cal. 256 [ 219 Pac. 744 ] ; Brown v. Happy Valley Fruit Growers, 206 Cal. 515 [ 274 Pac. 977 ] ; Warner v. Warner, 100 Cal. 11 [ 34 Pac. 523 ]) ; and in the case of Chew v. Storrie, 108 Cal. App. 313 [ 291 Pac. 610 ] ; it'was expressly held that where, as here, a complaint in one count sets forth a cause of action for the foreclosure of a mechanic’s lien and in a second count pleads a cause of action based on personal liability, the action becomes transitory and under the authority…