Campbell v. Clifford

YORK, P. J.

This is an appeal from an order denying defendant’s motion for change of place of trial from Los Angeles County to the city and county of San Francisco. Said motion was made, submitted and decided upon appellant’s affidavit of merits and residence, and respondent’s complaint and counter-affidavit.

The complaint contains two causes of action, and expressly alleges that appellant, at all material times, was and is a resident of the city and county of San Francisco.

As part of the first cause of action it is alleged: “III. That on or about the 20th day of November, 1936, at Los Angeles, California, plaintiff and defendant made and entered'into an employment contract to be effective as of January 1, 1936, wherein and whereby plaintiff promised to furnish to defendant plaintiff’s services as district manager of defendant’s said business, in the territory administered from defendant’s Los Angeles office, and in consideration thereof defendant promised to pay to plaintiff at Los Angeles, California, as plaintiff’s compensation for said services, in lieu of salary, forty-five (45) per cent of the net profits . . . That said contract was evidenced by a letter dated October 17, 1936, from defendant to plaintiff, which was received by plaintiff on or about November 20, 1936, a true copy of which—entitled ‘Exhibit A’—is attached hereto and hereby incorporated herein.

“IV. That ever since said employment contract was made until August 13, 1941, plaintiff did fully and faithfully perform his duties as said district manager . . . That on August 13, 1941, plaintiff did leave the employ of defendant, because of defendant’s breach of said employment agreement, as hereinafter mentioned. ’ ’

The second cause of action is in the form of a common count alleging the indebtedness of appellant to respondent “in the sum of $30,000 on an account for work, labor and services in managing defendant’s business in Southern California, performed at the request of the defendant at Los Angeles, California, between the 31st day of December, 1939, and the 13th day of August, 1941.”

The prayer is for an accounting; for judgment in the sum of $30,000 and other relief.

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