Judge: Elaine W. Mandel, Case: 22SMCV01147, Date: 2022-09-09 Tentative Ruling

Case Number: 22SMCV01147    Hearing Date: September 9, 2022    Dept: P

Tentative Ruling
Salaverna v. Saddleback Memorial Care et al., Case No. 22SMCV01147
Hearing Date September 9, 2022
Defendant CHCM’s Motion to Transfer Venue (UNOPPOSED)

Plaintiff Salaverna alleges defendants initiated a wrongful W&I Code 5150 hold against him, causing him to be improperly restrained at a psychiatric facility owned and/or operated by other defendants and wrongfully denied him medication and a proper diet. Defendant CHCM, Inc., which operates the facility where Salaverna was held, moves to change venue to Orange County. Plaintiff did not file opposition.

Venue is proper in an action against a corporation in the county where its principal office or place of business is established. Cal. Code of Civ. Proc. §395.5. Additionally, venue is proper in an action against a corporation where the alleged breach occurs. Id. A defendant seeking to change venue from the county chosen by plaintiff has the burden of proof of establishing facts necessary to justify a transfer. Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921.

CHCM argues the acts alleged occurred in Orange County, where CHCM has its place of business and headquarters. Pleiss Declaration ¶¶4-8. Salaverna’s complaint alleges “the alleged wrongful acts, and events that are the subject of this action are located and took place in ORANGE COUNTY[.]” Complaint ¶8. These allegations indicate venue is proper in Orange County. Salaverna does not oppose this motion. GRANTED.