Emo

This is an appeal by defendant from an order denying his motion for change of venue. Plaintiffs filed a complaint in Madera County alleging defendant’s indebtedness to them in the sum of $6,576.44. The complaint alleges a common count for “work, labor and services performed and monies advanced by plaintiffs to the defendant and for the benefit of the defendant at defendant’s special instance and request.” Defendant filed a motion for change of venue, pursuant to Code of Civil Procedure, section 395, alleging residence in the County of Butte.

Section 395 of the Code of Civil Procedure, insofar as here pertinent, provides that: “ (1) In all other eases, except as in this section otherwise provided, and subject to the power of the court to transfer actions or proceedings as provided in this title, the county in which the defendants, or some of them, reside at the commencement of the action, is the proper county for the trial of the action. . . . When a defendant has contracted to perform an obligation in a particular county, either the county where such obligation is to be performed, or in which the contract in fact was entered into, or the county in which the defendant, or any such…