Judge: Colin Leis, Case: 24STCV17628, Date: 2024-12-04 Tentative Ruling

Case Number: 24STCV17628    Hearing Date: December 4, 2024    Dept: 74

Flores v. Espino et al.

Defendants Mario Maciel Espino and Esperanza Maciel’s Motion to Transfer Venue

            This motion arises from a personal injury case.

            Plaintiff Eduardo Flores filed his complaint against defendants Mario Maciel Espino (Espino), Esperanza Maciel (Maciel), Rene Gonzalez (Gonzalez), Waste Management (Waste Management), Waste Management Collection and Recycling Inc (Collection and Recycling), and WM Intellectual Property Holdings, LLC (WM). Defendants Waste Management, Collection and Recycling, WM, and Rene Gonzalez have been dismissed. Defendants Espino and Maciel (Defendants) filed this motion to transfer venue to Riverside County.

On timely motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.”  (Code Civ. Proc., §§ 396b, 397(a).)¿“Venue is determined based on the complaint on file at the time the motion to change venue is made.”¿ (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Haurat v. Superior Court for Los Angeles County (1966) 241 Cal.App.2d 330, 337.) In an action involving personal injuries, venue is proper where a defendant resides or where the injuries occurred.¿¿ (Code Civ. Proc., § 395(a).)¿¿¿ 

The burden is on the moving party to establish facts justifying the transfer.¿ (Mission Imports, Inc. v. Superior Court¿(1982) 31 Cal.3d 921, 928.) The moving party may submit declarations containing admissible evidence in support of the motion to transfer venue.¿ (Mission Imports, supra, 31 Cal.3d at p. 928.)¿¿Plaintiff initially pled venue based on the accident having occurred in Los Angeles County.  (Complaint, ¶ 8.)  Defendants provide evidence that the accident occurred in Riverside County.  (Mot., Ex. “B.”)  Defendants also provide evidence that the two remaining Defendants reside in Riverside County.  (Miller Decl., ¶¶ 2, 3.) Venue in a personal injury case is valid in the county where the injury occurred or the county where the defendants reside.  (Code of Civ. Proc. § 395.) The Court finds that venue is proper in Riverside County.

            The court grants the motion to transfer venue.

            Defendants to give notice.