Does a defendant waive his right to change venue when he answers, demurs or files a cross-complaint at the same time as he does so?

The court erred also in holding that petitioner waived his right to a change of venue. In Goss v. Brown, 64 Cal.App. 381, 221 P. 683, the court held that a defendant does not waive his right for change of venue when he has strictly complied with section 396b by filing an affidavit of merits and motion for change of venue at the time he answers, demurs or files a cross-complaint. In the case at bench petitioner had complied with the statutory provisions by filing on the same date the answer, cross-complaint and motion to change venue, as well as the addidavit of merits.