Judge: Kenneth J. Medel, Case: 37-2022-00025622-CU-PO-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00025622-CU-PO-CTL OCCIANO VS IMPRESSIONS AT LA COSTA OWNERS ASSOCIATION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 05/03/2023

The City of Carlsbad's Motion to Transfer Case to North County Division is GRANTED. Code of Civil Procedure section 397 provides that the court may, on motion, change the place of trial 'when the court designated in the complaint is not the proper court' and/or 'when the convenience of witnesses and the ends of justice would be promoted by the change.' (Code Civ. Proc. 397(a), (c).) With regard to the proper place for filing of a complaint in San Diego County, San Diego Superior Court Rule 1.2.2(C) provides 'Except as set forth otherwise below or elsewhere provided in these rules, venue for all cases will be according to the zip codes found on the Court's website at www.sdcourt.ca.gov.' In this case, plaintiff's fall occurred in Carlsbad, in an area within (or adjacent to) the Impressions at La Costa Owners Association. (Exh. A to Dwork Decl., Complaint.) The zip code for this area is 92009. Pursuant to the 'Superior Court of California, County of San Diego Zip Code List', such an incident was required to have been filed in the North County Division of the Superior Court pursuant to Superior Court Rule 1.2.2(C), since no exception to the rule is available. (Dwork Decl., para. 11.; Exh. C to Dwork Decl., Zip Code List.) All other material aspects of this case also occurred within the North County Division boundaries.

The treatment for plaintiff's alleged injuries occurred at Palomar Medical Center in Escondido, at Clancy Medical Group in Vista, and with the Neurology Center (with Dr. Michael Lobatz) in Carlsbad. (Exh. B to Dwork Decl., Plaintiff's Responses to Form Interrogatories, 6.4.) Further, witnesses to plaintiff's actual fall reside in North County.

The processing fee and any transfer fees are to be paid by moving party.

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