Diepenbrock

This is an appeal from an order denying a motion for a change of venue to the city and county of San Francisco, appellant’s residence, in an action praying for declaratory relief filed in Sacramento County.

The complaint alleges that the defendant, Harry Auslen, who was coadministrator of the estate of Harry Auslender, deceased, employed the law firm of Devlin, Diepenbrock & Wnlff, to act as attorneys for him in connection with problems confronting him in the estate of said deceased. It is alleged that said employment was set forth in a letter dated December 15, 1954, addressed to defendant, reading as follows:

It is alleged that defendant acknowledged receipt of this letter by his letter dated December 17, 1954. The complaint then enumerates the services rendered in connection with the decedent’s estate, and also alleges the reasonable value of the services rendered.

It is further alleged that Devlin, Diepenbrock & Wulff assigned to A. I. Diepenbrock, the plaintiff, the firm’s claims against defendant for such of the professional services as were rendered to defendant as an individual. The assignment is alleged to have excepted those services rendered to the estate of the…