Case no. 24SMCV00640

Hearing date: 4-23-2024 
Khelghatian Motion to Transfer Venue - (Cal #11) .

Defendant Jones Ontario Acquisition, LLC dba Mercedes-Benz of Ontario's Motion to Transfer Action to the San Bernadino Superior Court and sanctions in the amount of $1,735.00 is GRANTED. The motion was filed on 3-11-24, and no opposition was filed.  Defendant Mercedes-Benz of Ontario establishes that they are the only California defendant in the action, and that they are domiciled in San Bernadino County. (Fujimoto Decl., ¶ 3.) Defendant establishes that the witnesses in the action will largely consist of Defendant's service technicians and other personal who are all employed in San Bernadino County. (Fujimoto Decl., ¶ 4.) Defendant points to complaint which alleges the tort occurred in San Bernadino County (See Compl., ¶¶ 51–53.) Thus, Defendant has established statutory grounds for change of venue pursuant to CCP § 395(a). (See Maxwell v. Murray (1961) 190 Cal.App.2d 440, 443 ["Defendant is entitled to have a negligence action tried either in the county of his residence or the county where the tort occurred"].) Defendant contacted Plaintiff asking to stipulate to change of venue on 2-28-24 and Defendant received no response. (Fujimoto Decl., ¶ 5., Ex. A.) 

Plaintiff is ordered to pay sanctions pursuant to CCP § 396b in the amount of $1,735.00 (3hrs @ $324/hr drafting motion, $435 motion filing fee, 1hr @ $325 for court appearance)