Judge: Joseph Lipner, Case: 24STCV02843, Date: 2024-05-21 Tentative Ruling

Case Number: 24STCV02843    Hearing Date: May 21, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Defendants Jennifer Ann Mirata Aldridge, Lonnie Aldridge, and Nicholas Aldridge (collectively, “Defendants”) move for an order transferring this action for all purposes from the Superior Court of California, County of Los Angeles to Superior Court of California, County of Kern.

The Court GRANTS Defendants’ motion. The Court ORDERS to be TRANSFERRED FOR ALL PURPOSES to the Superior Court of California, County of Kern. Plaintiffs shall pay all transfer costs.

Background

This is a personal injury action. On February 3, 2024, Defendants’ vehicle allegedly struck Plaintiffs’ vehicle, resulting in injuries (the “Collision”).

Plaintiff filed this action on February 2, 2024, raising one claim for negligence.

Legal Standard

The Court may change the place of trial when the court designated in the complaint is not the proper court. (Code Civ. Proc., § 397, subd. (a).)

“Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).)

“If [a] transfer is sought solely, or is ordered, because the action or proceeding was

 commenced in a court other than that designated as proper by this title, those costs and fees, including any expenses and attorney’s fees awarded to the defendant pursuant to Section 396b, shall be paid by the plaintiff before the transfer is made.” (Code Civ. Proc., § 399, subd. (a).)

Discussion

The Complaint alleges that the Collision occurred in Los Angeles County. Defendants provide evidence that the Collision actually occurred in Kern County, in the city of Bakersfield. (Jennifer Ann Mirata Aldridge Decl. ¶ 2.)

Each defendant lives in Kern County. (Jennifer Ann Mirata Aldridge Decl. ¶ 2; Lonnie Aldridge Decl. ¶ 2; Nicholas Aldridge Decl. ¶ 2.)

On April 1, 2024, Plaintiffs and Defendants agreed to stipulate to a transfer of venue to Kern County. (Eisaeian Decl. ¶ 8.)

On April 15, 2024, the Court held a hearing and stated that a stipulation would be insufficient, and that a motion would be necessary.

Defendants have provided evidence that venue is proper in Kern County.

Because Plaintiff filed this action in the wrong court, Plaintiffs must pay transfer fees.