Judge: Eddie C. Sturgeon, Case: 37-2022-00049211-CU-OR-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other Real Property Motion to Quash (Civil) 37-2022-00049211-CU-OR-CTL NAVARRO VS APARTMENT MANAGEMENT CONSULTANTS LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Rosa Navarro's motion to transfer venue is GRANTED. Defendant's Motion to Quash or to Stay or Dismiss is off calendar to be heard after completion of transfer.

A motion to transfer operates as a stay of any motion or proceeding that 'deals with the merits of the case and upon which matters which should properly be determined by the court of ultimate venue.' (Gutierrez v. Superior Court (1966) 243 Cal.App.2d 710, 723-724; see also Pickwick Stages System v. Superior Court (1934) 138 Cal.App. 448, 449.) '[D]uring the period between the filing of a motion for change of venue and the completion of the transfer . . . the jurisdiction of the court is suspended.' (Moore v. Powell (1977) 70 Cal.App.3d 583, 588.) Here, the parties appear to agree that proper venue is located in Alameda County and the ROA indicates that the motion to transfer venue was filed prior to Defendant's motion to quash. While Defendant argues that the case should have originally been filed in Alameda County and that proper venue is actually in the Northern District of California, those contentions do not bar transfer. Additionally, while the court agrees with Defendant that when challenged via a timely motion to quash, a plaintiff must 'must provide affidavits and other authenticated documents demonstrating competent evidence of jurisdictional fact' (BBA Aviation PLC v. Superior Court (2010) 190 Cal.App.4th 421, 428-429), that motion should properly be heard after the case is transferred.

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