Judge: Audra Mori, Case: 20STCV22063, Date: 2023-02-28 Tentative Ruling

Case Number: 20STCV22063    Hearing Date: February 28, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Iyary G. Correa Crespo, a minor by and through her guardian ad litem, Maria Del Carmen Crespo Ramirez; Abril Y. Correa Crespo, a minor, by and through her guardian ad litem, Maria Del Carmen Crespo Ramirez, Luis A. Correa Ortiz, and Maria Del Carmen Crespo Ramirez (collectively, “Plaintiffs”) filed this action against defendants V A Transportation, Inc., Seltene G. Haile, State of California, Estate of Alfredo Rivera, deceased, Javier Alvarez, and Alejandrina Rivera for damages arising from a motor vehicle accident that occurred in San Bernardino County.

At this time, defendant the People of the State of California, acting by and through the Department of Transportation (the “State”) moves for an order transferring this case to San Bernardino County pursuant to Government Code § 955.2.  The State contends that San Bernardino County is the proper venue for this action because Plaintiffs allege the subject accident occurred in San Bernardino County.  Plaintiffs and defendant Seltene G. Haile have each filed a notice of non-opposition to the motion.  To date, no opposition has been filed. 

Government Code § 955.2 states:

Notwithstanding any other provision of law, where the State is named as a defendant in any action or proceeding for death or injury to person or personal property and the injury or the injury causing death occurred within this State, the proper court for the trial of the action is a court of competent jurisdiction in the county where the injury occurred or where the injury causing death occurred. The court may, on motion, change the place of the trial in the same manner and under the same circumstances as the place of trial may be changed where an action is between private parties.

The introductory clause of section 955.2 (‘Notwithstanding any other provision of law,') would appear on its face to express a legislative intent that section 955.2 control venue in all tort cases in which the State is a defendant even though by reason of the joinder of other defendants venue would also be proper in a county other than that in which the injury occurred. This conclusion is supported by the wording of the second clause of section 955.2 which says, ‘where the State is named as A defendant in any action’ (emphasis added). The use of the indefinite article ‘a’ rather than the definite article ‘the’ suggests the legislative intent that section 955.2 is to control in cases where the state is one of several defendants as well as in cases where it is the only defendant.

(State v. Superior Court of Los Angeles County (1967) 252 Cal.App.2d 637, 639.) 

In this case, the complaint on its face alleges that the subject accident occurred in San Bernardino County. 

Therefore, the motion to transfer is granted.  Plaintiffs shall pay all applicable fees and costs prior to the date of transfer or as otherwise provided in CCP § 399.

Moving Defendant the State is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 28^th day of February 2023