Judge: Lee S. Arian, Case: 22STCV32870, Date: 2024-02-06 Tentative Ruling

Case Number: 22STCV32870    Hearing Date: February 6, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants Federal Express Corporation (“FEC”) and Sergio Jimenez (“Jimenez”) (collectively “Moving Defendants”)  

RESPONDING PARTY: Unopposed

I.            INTRODUCTION

This action arises from a motor vehicle accident which occurred on March 29, 2021. On October 6, 2022, Plaintiff Patricia Delgado (“Plaintiff”) filed a complaint against Defendants Federal Express Corporation (“FEC”), Federal Express, Sergio Jimenez (“Jimenez”), and DOES 1 through 50, alleging causes of action for: (1) motor vehicle negligence, negligent entrustment, negligent training, negligent hiring, negligent undertaking, negligent supervision, and negligent retention; and (2) negligence per se.

On September 7, 2023, Defendant FEC filed an answer to the complaint.

On October 20, 2023, Defendants FEC and Jimenez (collectively “Moving Defendants”) filed and served the instant unopposed motion for an order changing venue and transferring this action to the Superior Court of California, County of Riverside (the “Motion”). Pursuant to the Motion, Moving Defendants also seek monetary sanctions against Plaintiff’s counsel in the amount of $810.00.

The Motion is made on the grounds that: (1) Plaintiff lives in Riverside County, (2) the accident occurred on the I-15 Freeway in Corona, California, and (3) Jimenez, who is an FEC driver, was driving to the FEC warehouse and was traveling through Corona, California at the time of the incident.

On October 24, 2023, a joint stipulation for change of venue was filed and served which indicates that the parties agree that the Superior Court of California, County of Riverside is the proper venue for trial of this action. The joint stipulation was not filed with a proposed order.

On November 8, 2023, Moving Defendants filed and served a notice of taking the Motion off-calendar.

On November 15, 2023, Defendant Jimenez filed an answer to the complaint.

On December 12, 2023, Moving Defendants filed and served a proposed order to change venue. Such proposed order provides that “[pursuant to stipulation] previously filed by and between the Plaintiff and [Moving] Defendants . . . the parties agree that the Superior Court of California, County of Riverside is the proper venue for trial of this action.” (Proposed Order to Change Venue, 1:19-22.) The proposed order further states that “Defendants shall pay the applicable transfer fees pursuant to Code of Civil Procedure 399.” (Id., 1:23.)

II.          DISCUSSION

The parties have filed a joint stipulation to change venue, and Moving Defendants filed a notice indicating that the Motion is taken off-calendar.

As such, the Court finds that the Motion is MOOT and is taken OFF-CALENDAR.

III.    CONCLUSION

Accordingly, the motion of Moving Defendants to change venue and transfer this action to the Superior Court of California, County of Riverside is MOOT and is taken OFF-CALENDAR.  

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

         Dated this 6th day of February 2024