Judge: Jon R. Takasugi, Case: 24STCV23644, Date: 2025-04-09 Tentative Ruling

Case Number: 24STCV23644    Hearing Date: April 9, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to transfer venue to Ventura County is GRANTED.

            On 9/12/2024, Plaintiff Isidoro Cisneros by and through his successor-in-interest Linda Cisneros and Linda Cisneros (collectively, Plaintiffs) filed suit against Santa Paula Post Acute, LLC, LBCSP Skilled LLC, DOV Jacobs, and Community Memorial Health System, alleging: (1) elder abuse and neglect; (2) violation of Health and Safety Code section 1430(b); (3) negligence; and (4) wrongful death.

            On 3/4/2025, Defendant Santa Paula Post Acute LLC (Defendant) moved for change of venue.

Discussion

            Defendant argues that venue should be transferred to Ventura County.

The Court may change venue when the court designated in the Complaint is not the proper court or when the convenience of witnesses and the ends of justice would be promoted by the change. (See CCP § 397(a), (c).)

Here, Plaintiffs' claims are premised on alleged understaffing and substandard care of Plaintiff, Isidoro Cisneros at Santa Paula, located at 250 March St., Santa Paula, California. The Complaint makes further allegations against Co-Defendant Community Memorial Health System, a hospital located in Ventura County. Moreover, Plaintiff herself resides in Ventura County.

Defendant argues that the convenience of witnesses would be promoted by the change of venue because former and current staff of Defendant’s facility will likely be percipient witnesses regarding care and treatment provided to Isidoro Cisneros well over a year ago. There will also be percipient witnesses to the lack of understaffing at the facility. As stated in Ms. Collins' Declaration, some staff members who may be pertinent witnesses do not drive. The facility will have to take on the burden and expense of providing a rideshare service such as Uber or Lyft so these witnesses can be present at court. The cost of a one-way ride from the facility to Stanley Mosk Courthouse can cost approximately $130.00. (Collins Decl. ¶ 7). Moreover, Ms. Collins, as the Director of Nursing, cannot be away from the building for an extended period of time, should any emergency occur. (Collins Decl. ¶ 4.) The additional hour and half (at minimum) commute from Stanley Mosk Courthouse to Santa Paula inhibits her ability to be present to carry out her clinical duties. The convenience of the percipient witnesses is apparent in that they would not have to travel over 60 miles from Santa Paula, California to Los Angeles Superior Court – Stanley Mosk Courthouse for purposes of any hearing and/or trial. (Stute v. Burinda (App. Dep't Sup. Ct. (1981) 123 Cal.App.3d Supp. 11, 17.)

After review, the Court agrees that good cause exists for this action to be transferred to Ventura County. Such a transfer will greatly serve the convenience of witnesses, and will ensure that Defendant’s representatives such as the Director of Nursing, Administrator, or Assistant Administrator are able to be present at counsel's table during trial.

Based on the foregoing, Defendant’s motion to transfer venue to Ventura County is granted.

It is so ordered.

Dated:  April    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.