Judge: Christopher K. Lui, Case: 21STCV39217, Date: 2023-10-19 Tentative Ruling

Case Number: 21STCV39217    Hearing Date: February 6, 2024    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

            Plaintiff alleges that Defendants failed to follow do not resuscitate orders (DNR Orders), and placed decedent Robert Henley on life support, such that Defendants prolonged decedent life which caused him an unwanted belabored death.

Defendants Mission Hospital Regional Medical Center, St. Joseph Health System, Donna Thorlakson, R.N., and Veronica Eldrake, R.N. move to change venue. 

TENTATIVE RULING

Defendants Mission Hospital Regional Medical Center, St. Joseph Health System, Donna Thorlakson, R.N., and Veronica Eldrake, R.N.’s motion to change venue is GRANTED.

The case is ordered transferred to the Orange County Superior Court. Plaintiff is ordered to pay the change of venue fees pursuant to Item 61 of the Los Angeles County Superior Court fee schedule within 7 days.

ANALYSIS

Motion To Change Venue

            As an initial matter, the Court does not find that Defendants have waived the right to change venue by filing a CCP § 170.6 challenge, nor in participating in discovery, because discovery may proceed despite a pending motion to transfer venue:

(4) [3:582] Effect on discovery: Although the court's jurisdiction is suspended while a motion to transfer is pending, this should not affect a party's right to conduct discovery—so long as the discovery proceedings are self-executing (all are, except motions for medical examinations; see Ch. 8).

(Weil & Brown, et al., California Practice Guide: Civil Procedure Before Trial [8:582][The Rutter Group June 2023 Update][italics in original].)

Defendants Mission Hospital Regional Medical Center, St. Joseph Health System, Donna Thorlakson, R.N., and Veronica Eldrake, R.N. move to change venue to Orange County on the ground that the action was filed in the improper county.

This motion is brought pursuant to Civ. Proc. Code,. §§ 395, 396 and 397, on the grounds that when an action is in tort, the proper court is that county wherein the defendants reside and where the injury causing death occurred.  Here:

1. The Plaintiff resides in Orange County—Dove Canyon[1], California—and has for over 5 years. (De Coster Decl., Exh. A, Response to Form Interrogatory No. 2.5.)

2. The incident occurred in Orange County at Providence Mission Hospital in Mission Viejo, California. (Complaint, ¶ GN-1, Page 4.)

In an action for injury to person or for wrongful death, venue is proper in any county where at least one of the defendants reside at the commencement of the action. (Civ. Proc. Code § 395(a),)

Under Monogram, where a plaintiff takes advantage of the liberal statutory joinder rules and joins various causes of action against various defendants, so long as the plaintiff chooses a venue that is proper as to one defendant, the entire case may be tried there, regardless of whether venue would be improper with respect to other defendants if the causes of action against them were analyzed separately.

(K.R.L. P'ship v. Superior Court (2004) 120 Cal.App.4th 490, 504 [bold emphasis and underlining added].)

“[A] corporation's principal place of business is its residence.” (Hale v. Bohannon (1952) 38 Cal. 2d 458, 472.) “A corporate defendant challenging venue may obtain an order changing venue only to the county of its principal place of  [*9]  business (citation omitted), and in seeking such an order has the burden of negating the propriety of venue as laid on all possible grounds. ( Citation omitted.)” (Karson Indus., Inc. v. Superior Court of Contra Costa Cty. (1969) 273 Cal.App.2d 7, 8-9.)

The Court notes that moving Defendants Donna Thorlakson, R.N., and Veronica Eldrake, R.N. were sued as Doe Defendants.

The court is required to consider the residence of a party sued as a “Doe” and whose true name is substituted (and residence ascertained) before the hearing on the motion to change venue. [Gutierrez v. Sup.Ct. (Ojai Valley Inn) (1966) 243 CA2d 710, 724, 52 CR 592, 602]

(Weil & Brown, et al., California Practice Guide: Civil Procedure Before Trial [8:3488.1][The Rutter Group June 2023 Update].) 

            If any Defendant resides in Los Angeles County, then venue is proper here.

            The Court will consider the residence of each of the moving parties:

¿        Mission Hospital Regional Medical Center, has had its principal place of business at 27700 Medical Center Road, Mission Viejo, Orange County, California 92691 , since 1971.(Declaration of Gerri Mazza, RN, ¶ 2.) Thus, it resides in Orange County.

¿        St. Joseph Health System, at the time this matter was commenced, has had its principal place of business at 3345 Michelson Dr., Suite 100, Irvine, Orange County, California 92612. (Declaration of Gerri Mazza, RN, ¶ 4.) Thus, it resides in Orange County.

¿        Donna Thorlakson, R.N, at the time this matter was commenced, resided in San Clemente, California in Orange County. (Declaration of Donna Thorlakson, ¶ 2.)

¿        Veronica Eldrake, R.N., at the time this matter was commenced, resided in Irvine, California in Orange County. (Declaration of Veronica Eldrake, ¶ 2.)

            Raul Marquez, M.D and Habib Azad, M.D. are the wo other named Defendants, who filed a notice of joinder in the first motion but  did not do so in connection with this second motion.

¿        Raul Marquez, M.D. has resided in Dana Point, California in Orange County for the last 10 years. (Declaration of Raul Marquez, M.D., ¶ 3.)

¿        Habib Azad, M.D. has resided in Newport Beach, California in Orange County since June 2019. (Declaration of Habib Azad, M.D., ¶ 3.)

Thus, under Civ. Proc. Code, § 395(a), Orange County is the proper venue for this action, which is for wrongful death, i.e., in any county where at least one of the defendants reside at the commencement of the action. (Civ. Proc. Code § 395(a),) 

Plaintiff’s argument that Defendant’s counsel directed Plaintiffs to utilize the St. Joseph’s address in Pasadena is irrelevant to the residency analysis. As noted, as a matter of law, a corporation’s residence is where its principal place of business is located.

            As such, the Court need not address the alternative groups of convenience of witnesses, especially in that the convenience of parties and their employees is normally not considered, and Defendants did not submit evidence as to the convenience of non-party affiliated witnesses.

In a motion brought under section 397, subdivision 3, "the burden [of proof] rests on the party moving for transfer to establish grounds for change of venue, on the theory the plaintiff lays the venue and it is presumptively correct. [Citations.]" (Citation omitted.) "[It] is not only necessary that convenience of witnesses be served, but it is equally essential that the ends of justice be promoted. [Citation.]" (Citation omitted.)

While a motion made under this section is addressed to the discretion of the trial court, that discretion is not unfettered. For instance, except under limited circumstances, the court may not consider the convenience of the parties or of their employees in passing upon the motion. (Citations omitted.)

(Lieberman v. Superior Court (1987) 194 Cal. pp.3d 396, 401-02.)

      The motion to transfer venue is GRANTED.

The case is ordered transferred to the Orange County Superior Court. Plaintiff is ordered to pay the change of venue fees pursuant to Item 61 of the Los Angeles County Superior Court fee schedule within 7 days.