Judge: Jon R. Takasugi, Case: 24STCV32196, Date: 2025-02-25 Tentative Ruling

Case Number: 24STCV32196    Hearing Date: February 25, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to transfer venue is GRANTED.

            On 12/6/2024, Plaintiffs James Meyler, in and through his Success-In-Interest Nicholas Meyler, and Nicholas Meyler (collectively, Plaintiffs) filed suit against Thousand Oaks Home Care, 254 East Sidlee, LCC dba Thousand Oaks Home Care, Thousand Oaks Home Care, Inc., and Maximum Care Hospice, Inc., alleging: (1) elder abuse/neglect; (2) negligence; (3) breach of contract; (4) willful misconduct; and (5) wrongful death.

            On 1/21/2024, Defendants Thousand Oaks Home Care, 254 East Sidlee, LCC dba Thousand Oaks Home Care, Thousand Oaks Home Care, Inc (collectively, Defendants) moved to transfer venue.

Legal Standard

The motion is brought pursuant to three separate venue transfer statutes: Code of Civil Procedure (CCP) sections 395.5, 396b and 397.  

CCP section 395.5 provides that “[a] corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.”

CCP section 396b provides that “if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court . . . .” 

CCP section 397 provides that “the court may, on motion, change the place of trial . . . (a) [w]hen the court designated in the complaint is not the proper court.” 

Discussion

            Defendants argue that this action should be transferred to Ventura County because Thousand Oaks Home Care is located in the county of Ventura, and Thousand Oaks Home Care, Inc. is a management company with a principal place of business located at 101 Moody Court, Suite 201, Thousand Oaks, CA 91360 in the County of Ventura. Finally, Decedent’s medical records demonstrate his admission period at Thousand Oaks Home Care from 4/22/2024, through until 6/22/2024, occurred entirely in the County of Ventura.

            Here, Defendant Maximum Care Hospice, Inc. is located in Los Angeles. As such, venue in Los Angeles is procedurally permissible.

            However, it has been long established that a motion to change venue grounded upon the convenience of witnesses rests largely in the discretion of the court subject to an abuse of discretion standard. (Wrin v. Ohlandt (1931) 213 Cal. 158, 159.)

            Here, all of the relevant conduct and care alleged in the Complaint occurred within the County of Ventura at Thousand Oaks Home Care’s residential care facility. Accordingly, the staff, witnesses, and other persons of interest are mostly, if not all, located in the County of Ventura, thus making a transfer of venue to Ventura County in conformity with convenience.

Additionally, Ventura County has an interest in the matter as the alleged facts occurred within its domain.

            Based on the foregoing, Defendants’ motion to transfer venue is granted.

It is so ordered.

Dated:  February    , 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.