LaBatt

Plaintiff filed a complaint in Alameda County alleging an indebtedness to it of $11,183.28 owed by Associated Public Employees, Inc., for merchandise furnished at Associated’s instance and request. Plaintiff further complained that defendants guaranteed the account in writing and sought to collect the amount owed by Associated from defendant guarantors. Appellant-defendant moved for a change of venue upon the ground that neither defendant lived in Alameda County and that appellant’s place of residence is Stanislaus County. He further contends that the contract was entered into in Stanislaus County. The trial court denied a change of venue.

The controlling code section is Code of Civil Procedure 395, subdivision 1, the pertinent portion of which reads as follows:

The guarantee was prepared by the plaintiff-respondent and forwarded to appellant-defendant in Stanislaus County where he signed it and then returned it to respondent by mail. Appellant argues that when he signed the guarantee and deposited it in the mail in Stanislaus County the contract was complete. This argument follows the general rule of offer and acceptance, but suretyship contracts differ in that the creditor…