Judge: Holly J. Fujie, Case: 24STCV30939, Date: 2025-01-29 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 24STCV30939    Hearing Date: January 29, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Defendant BMW of North (“Defendant”)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

            Plaintiff Jamie D. Taylor (“Plaintiff”) filed the instant lemon-law action against Defendant on November 22, 2024. The complaint (“Complaint”) alleges causes of action for: (1) violation of Civil Code section 1793.2 subdivision (d); (2) violation of Civil Code section 1793.2 subdivision (b); (3) violation of Civil Code section 1793.2 subdivision (a)(3); and (4) breach of implied warranty of merchantability.

            On December 26, 2024, Defendant filed the instant motion to change venue (the “Motion”). The Motion is unopposed.

DISCUSSION

In an action arising from an offer or provision of goods or services intended primarily for personal, family or household use, venue is proper in “the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at the commencement of the action is the proper court for the trial of the action.” (Code of Civil Procedure (“CCP”) section 395 subd. (b))

If the plaintiff files an action with an improper court, CCP section 396a subdivision b is a mandatory venue transfer statute under which a defendant may move to transfer the case on the grounds that venue was not filed in the proper court. “If it appears from the complaint or affidavit, or otherwise, that the superior court or court location where the action or proceeding is commenced is not the proper court or court location for the trial, the court where the action or proceeding is commenced, or a judge thereof, shall, whenever that fact appears, transfer it to the proper court or court location, on its own motion, or on motion of the defendant…” (CCP, § 396a subd. (b).) 

“It is the moving defendant’s burden to demonstrate that the plaintiff’s venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) 

            Defendant moves to transfer venue to San Diego County[1] on grounds that Plaintiff is a resident of San Diego County (Compl. ¶ 2), the vehicle was serviced exclusively in San Diego County (Ucciferri Decl. ¶ 4) and the non-party witnesses are in San Diego County. (Mot. p. 4:11-19.) Plaintiff has not opposed the Motion showing any grounds as to why venue should not be transferred. Thus, the Motion is GRANTED.

            Defendant’s Motion to Change Venue to San Diego County is GRANTED. Plaintiff is ordered to pay the transfer fee within 30 days of this order.   

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 29th day of January 2025