O'Brien

This is an appeal from an order denying defendant’s motion for a change of the place of trial from the city and county of San Francisco to the county of Los Angeles.

The suit by the plaintiff is for an accounting of the partnership transactions between the defendant and the deceased and for a judgment for one-half of such net profits accruing from the business conducted by defendant and said deceased as such accounting may disclose.

It appears from the complaint that the defendant and the' deceased, Joseph A. O’Brien, in the year 1907, established themselves into a copartnership for the purpose of conducting the business of selling, for a commission, lands and suburban properties situated in the neighborhood of the city of San Francisco; that said partners were to share equally in the profits of said business; that, up to the time of his death, the deceased carried out and performed each and all the terms of the agreement upon which said partnership was to he conducted, “and thereby became entitled to receive as a member of said partnership, and as his proportionate share of the net profits arising from the conduct of said business, one-half of such net profits. ”

On the…