Judge: Daniel M. Crowley, Case: 20STCV25842, Date: 2022-12-20 Tentative Ruling

Case Number: 20STCV25842    Hearing Date: December 20, 2022    Dept: 28

Defendants John William Bettencourt and John Bettencourt’s Motion for Change of Venue

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 10, 2020, Plaintiff Michael Love (“Plaintiff”) filed this action against Defendants John William Bettencourt (“J.W.B.”) and John Bettencourt (“J.B.”) for motor vehicle negligence and general negligence.

On September 15, 2022, Defendants filed an answer.

On November 2, 2022, Defendants filed a Motion for Change of Venue to be heard on December 20, 2022.

Trial is currently scheduled for August 11, 2023.

PARTY’S REQUESTS

Defendants request the Court order a transfer for venue to the Superior Court of the State of California, Merced County, as it is the proper venue for this case.

LEGAL STANDARD

Under CCP § 395, the correct venue for an action is the superior court in the county where some of defendants reside at the commencement of the action or where the injury occurs.

Under CCP § 397(c),

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

The underlying incident occurred in Merced County; Defendants were and still are residents of Merced County. Based on that information, Los Angeles County is not a proper venue for the case. Merced County, however, is. All Defendants reside in Merced and the subject incident occurred in Merced. The Court grants the motion.

CONCLUSION

Defendants John William Bettencourt and John Bettencourt’s Motion for Change of Venue is GRANTED. The action is transferred to the Superior Court of the State of California, Merced County.  Plaintiff is ordered to pay any transfer fees.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.