Fielder

An order to show cause issued from this court upon an application for a writ of mandate to command the Superior Court of Shasta County to grant petitioner’s motion for change of venue to Solano County.

Petitioner was served with summons on October 3, 1962, at Dixon, Solano County, California, and filed a timely answer and cross-complaint naming David Essner and R. P. Chiekering as cross-defendants. At that same time petitioner filed and served notice of motion for order for change of venue, declaration in support thereof, and points and authorities. Said declaration of J. W. Fielder stated in part: “I further declare that at the time of the commencement of this action I was and at all times subsequent thereto have been and now am a resident of the County of Solano, State of California, that of my own knowledge defendant Jerry Fielder was at all times hereinabove mentioned a resident of the County of Solano, State of California.”

*61 In addition, said declaration of petitioner stated the accident causing the injury in question occurred in the “County of Solano, State of California.”

No counteraffidavits were filed by plaintiffs therein and no evidence was offered to show that…