Hollopeter

The defendant appeals from an order denying his motion for a change of venue.

The defendant, while in custody in Marin County, signed a written contract with the plaintiffs whereby he retained them as his attorneys and agreed to pay them certain sums as their fees. One of the plaintiffs has his offices in Los Angeles County and the other has his offices in the City and County of San Francisco. The plaintiffs brought their suit in Marin County to recover a claimed balance due under the contract. The complaint was not verified but alleged that the written contract between the parties was entered into in Marin County. The defendant filed a verified answer and counterclaim, and a motion for a change of venue supported by his own declaration and by a declaration of one Harvey H. Rogers. The plaintiffs filed no affidavits in opposition to the defendant’s motion.

It is conceded that the defendant is a resident of Los Angeles County. The plaintiffs, however, seek to retain venue in Marin County, and rely upon that portion of section 395 of the Code of Civil Procedure which reads: “When a defendant has contracted to perform an obligation in a par *816 ticular county, either the county…