Booker

Appeal by defendant from an order denying his motion for a change of the place of trial. The action was brought in the county of San Luis Obispo, and defendant’s residence was at all the times mentioned in the complaint, and now is, the city and county of San Francisco.. “The action must be tried in the county in which the defendants, or some of them, reside at the commencement of' the action,” (Code Civ. Proc., see. 395), unless the case-falls within some one or more of the exceptions stated in. section 392 of the same code. These are,—1. For' the recovery of real property, or an estate, or interest therein, or-for the determination, in any form of such right or interest, and for injury to real property; 2. Partition of real property ; and 3. Foreclosure of liens or mortgages on real property. The character of the complaint must be determined from the facts alleged in it (McDougald v. Hulet, 132 Cal. 154 ); and upon the trial of an action the court may grant any relief consistent with the case made by the complaint and embraced within the issue. (Faulkner v. First National Bank, 130 Cal. 258 .) “An action must be wholly local in its nature, under the provisions of section 392 of…