Judge: Anne Hwang, Case: 22STCV32576, Date: 2024-09-12 Tentative Ruling

Case Number: 22STCV32576    Hearing Date: September 12, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On October 4, 2022, Plaintiffs Kazem Deris and Homa Deris (“Plaintiffs”) filed a complaint against Defendants Bottle Logic Brewing, LLC, Bottle Logic Brewing, Sean C. McNew, and Does 1 to 50 for negligence from a motor vehicle accident.

On July 17, 2024, Defendants Bottle Logic Brewing, LLC and Sean C. McNew (“Defendants”) filed an answer to the complaint, and this motion, to transfer venue in this case to the Superior Court of California, County of Orange. The parties have stipulated to the transfer. No opposition has been filed.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 395(a), in an action for personal injuries, the “superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.”

“Venue is determined based on the complaint on file at the time the motion to change venue is made. [Citations.]” (Dow AgroSciences, LLC v. Superior Court (2017) 16 Cal.App.5th 1067, 1076.)¿¿ 

¿ 

Code of Civil Procedure section 397 provides, in pertinent part, as follows:

“The court may, on motion, change the place of trial in the following cases:

(a) When the court designated in the complaint is not the proper court.

(b) When there is reason to believe that an impartial trial cannot be had therein.

(c) When the convenience of witnesses and the ends of justice would be promoted by the change.

(d) When from any cause there is no judge of the court qualified to act.”

DISCUSSION

According to Defendants, the parties have stipulated to transfer this case to the Superior Court of California, County of Orange. Defendants assert Los Angeles County is not the proper venue for this action since the subject accident occurred in the City of Laguna Hills, County of Orange and Defendant Sean McNew has at all times relevant, resided in the County of Orange. (McNew Decl. ¶ 3.) Additionally, Bottle Logic Brewing, LLC is based in the City of Anaheim and has no offices in the County of Los Angeles. (Napolitano Decl. ¶ 1.) Defendants have attached the stipulation signed by Plaintiffs to transfer this case. Defendants have agreed to pay the fees for the transfer. (Poul Decl, Exh. A.)

However, no appearance has been made by Bottle Logic Brewing, an unknown entity.[1] Plaintiff shall either file a request to dismiss this defendant, or counsel must address the status of Bottle Logic Brewing, an unknown entity.

CONCLUSION AND ORDER

Accordingly, the Court conditionally GRANTS the motion to transfer venue to the Superior Court of California, County of Orange.

Defendants shall provide notice and file a proof of service of such.