Judge: Lee W. Tsao, Case: 23NWCV01354, Date: 2023-12-12 Tentative Ruling

Case Number: 23NWCV01354    Hearing Date: December 12, 2023    Dept: C

Joseph Moy, et al. vs Ford Motor Company, et al.

Case No.: 23NWCV01354

Hearing Date: 12/12/23 @ 10:30 a.m.

#11

Tentative Ruling

Defendant Ford Motor Company’s Motion for Change of Venue is GRANTED. Plaintiffs are ordered to pay the transfer fee within five (5) days of notice of this order.   

Moving party to give notice.  

No Opposition as of December 11, 2023.

Background

This case involves an express breach of warranty claim brought pursuant to the Song Beverly Consumer Warranty Act against Defendant Ford Motor Company (“Ford”). Plaintiffs brought a claim for negligent repairs against Defendant Semper Fi Automotive, Inc dba Fullerton Ford (“Fullerton Ford”). Plaintiffs are residents of Anaheim in Orange County. (Complaint ¶2.) Defendant Fullerton Ford, who is located in Fullerton, is a resident of Orange County. (Complaint ¶ 4.) The repairs to Plaintiffs’ used 2018 Ford Mustang were performed by Fullerton Ford in Orange County. (Complaint ¶¶ 4, 30, 31.) Plaintiffs filed the Complaint on May 5, 2023 in the above entitled Court.

Defendants have now filed a motion to transfer venue to the Superior Court of California, Orange County.  There is no opposition.

Legal Standard 

If the plaintiff files an action with an improper court, that court must transfer the action to a proper court, either upon the defendant’s motion or on its own motion. (Code of Civ. Proc. §§¿396a(b), 396b.)  Defendant’s motion must be made within 30 days after service, unless extended by stipulation or court order.  (Code of Civ. Proc. § 396b.) 

A court may, on motion, transfer an action if (a) the action was filed in the improper court; (b)¿an impartial trial cannot be held therein; (c) for the convenience of witnesses and to promote justice; (d) where no judge therein is qualified to act; or (e) where a dissolution of marriage action has been filed in the county in which the defendant has resided for three months.  (Code of Civ. Proc. § 397(a)-(d).) 

Here, the Plaintiffs reside in Orange County and Defendant Fullerton Ford who performed the repairs on Plaintiffs’ Mustang is located in Orange County. The alleged negligent repairs that were performed on Plaintiffs’ Mustang occurred in Orange County. The automotive technicians that performed the repairs on Plaintiffs’ Mustang worked in Orange County.

The Court finds that venue is not proper in Los Angeles County because neither  Defendant nor Plaintiff are located in Los Angeles County and the alleged injuries did not take place in Los Angeles County.  Plaintiff has not filed an opposition demonstrating any grounds that venue is proper in Los Angeles County. 

Based on the parties’ residence in Orange County and the convenience of witnesses, the Court GRANTS Defendant’s Motion to Change Venue to Orange County. 

The prevailing party shall recover the “costs and fees of the transfer, and of filing the papers…” for an action brought under CCP §§ 397(b)-(e).  (Code of Civ. Proc. § 399(a).) 

Plaintiff is ordered to pay the transfer fee within five days of notice of this order.  (Code Civ. Proc. § 399(a).)