Judge: Christian R. Gullon, Case: 24PSCV01792, Date: 2024-09-25 Tentative Ruling

Case Number: 24PSCV01792    Hearing Date: September 25, 2024    Dept: O

Tentative Ruling

Plaintiff’s MOTION TO CHANGE VENUE is GRANTED.[1]

Background

This is a workers’ compensation subrogation action per Labor Code section 3852.

On June 4, 2024, Plaintiff Sentry Insurance Company filed suit against SWP Express, LLC.

On August 13, 2024, Plaintiff filed the instant motion. That same day, Wei Lang was named as Doe 1.

Discussion

Plaintiff brings forth the motion pursuant to the Code of Civil Procedure section 397(a) on the grounds that this is not the proper court. More specifically, Plaintiff explains that at the time the complaint was filed, Plaintiff presumed the accident happened in the city of La Verne, which is in Los Angeles County. However, the traffic collision report indicated that the accident happened in Chino, California, which is in San Bernardino County. Moreover, Plaintiff later learned that the injured employee filed his own lawsuit based upon the same accident in San Bernardino County.[2]

Here, as the underlying accident happened in San Bernardino County, venue is proper there.

Conclusion

Based on the foregoing, the motion is granted.