Judge: Katherine Chilton, Case: 22STCP04085, Date: 2023-03-09 Tentative Ruling

Case Number: 22STCP04085     Hearing Date: March 9, 2023    Dept: 25

PROCEEDINGS:      MOTION TO TRANSFER

MOVING PARTY:   Petitioner County of Los Angeles Sheriff’s Department

RESP. PARTY:         Respondents Civil Service Commission, Victor Beas

MOTION TO TRANSFER

TENTATIVE RULING:

The Petition for Writ of Mandate filed by Petitioner County of Los Angeles Sheriff’s Department is transferred to Department 1 for reassignment.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of March 7, 2023.                           [   ] Late          [X] None

REPLY:                     None filed as of March 7, 2023.                           [   ] Late          [X] None

ANALYSIS:

I.                Background & Analysis

On November 14, 2022, Petitioner County of Los Angeles Sheriff’s Department (“Petitioner”) filed a Petition for Writ of Mandate directed to Respondent Civil Service Commission (“Respondent”) in the matter of Real Party in Interest, Victor Beas (“Real Party in Interest” or “Beas”).

On December 21, 2022, Petitioner filed a Motion to Transfer, indicating that the action was filed in the wrong court and requesting that the matter be transferred to a court assigned to handle actions for Ordinary Mandate and Administrative Mandate.  (Mot. p. 1.) 

On February 1, 2023, Real Party in Interest filed a Statement of Non-Opposition to Petitioner’s Motion to Transfer.  On February 7, 2023, Respondent filed Notice of No Beneficial Interest in Outcome.

The Court finds that the action was incorrectly filed in a limited civil department.  (See Code of Civ. Proc. § 85.)  Accordingly, the matter is TRANSFERRED TO Department 1 for reassignment.