Judge Lee W. Tsao, Case Number: 22NWCV01707, Date: 2023-08-10 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01707, Date: 2023-08-10 Tentative Ruling

Case Number: 22NWCV01707 Hearing Date: August 10, 2023 Dept: C

GOLT v. MILLER

CASE NO.: 22NWCV01707

HEARING: 08/10/23

Defendants’ DAVID JESS MILLER and ASSET LAW GROUP, P.C.’s unopposed motion to transfer venue is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 7, 2023.

CCP §395(a) provides in part: “[e]xcept as otherwise provided by law…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.” CCP §396a then provides for the transfer of an action: “If it appears from the complaint or affidavit… that the superior court or court location where the action or proceeding is commenced is not the proper court or court location for the trial, the court where the action or proceeding is commenced, or a judge thereof, shall, whenever that fact appears, transfer it to the proper court or court location, on its own motion, or on motion of the defendant, unless the defendant consents in writing, or in open court… to the keeping of the action or proceeding in the court or court location where commenced.”

The burden is on the moving party to establish that the venue selected by a plaintiff is improper. The moving party has the burden of “negating the propriety of venue as laid on all possible grounds.” (Karson Industries, Inc. v. Sup. Ct. (1969) 273 Cal.App.2d 7, 8-9.)

Defendants David Jess Miller and the Asset Law Group, P.C., (“Defendants”) argue that venue is proper only in Orange County where David Jess Miller resides, and where the Asset Law Group, P.C. maintains its principle place of business. (see Miller Decl.) Defendants further argue that the allegations in the Complaint are related to a Judgement rendered by an Orange County court.

The unopposed Motion is GRANTED. Defendants have shown that venue is proper in Orange County where: Defendant Miller resides, Defendant Asset Law Group, P.C.’s principal place of business is located, and Defendants’ alleged liability arose.

Sanctions are not requested.