McClung

This is an appeal from 'an order denying the motion of the individual defendant, Watt, for a change of venue. The city and county of San Francisco is the principal place of business of the corporation defendant and the action was instituted there. Defendant Watt’s residence is in the city of Sacramento. He demanded a change of place of trial from said city and county of San Francisco to the county of Sacramento upon two grounds: (1) that his residence was in Sacramento, and (2) that the corporation defendant was joined as a defendant solely for the purpose of having the action tried in the superior court of the city and county of San Francisco.

It is one of the contentions of the individual defendant, Watt, made in support of the appeal that even though a corporation is properly joined as a defendant in the action and sued in the county where its principal place of business is located, nevertheless, the individual defendant is entitled, upon demand, to have the action tried in the county of his residence.

In support of this contention defendant Watt cites several cases in which it was held that the privilege given the plaintiff by article XII, section 16, of the state…