Judge: Lee W. Tsao, Case: 23NWCV01379, Date: 2024-02-07 Tentative Ruling
Case Number: 23NWCV01379 Hearing Date: February 7, 2024 Dept: C
national commercial
recovery v. samtex fabrics, et al.
CASE NO.: 23NWCV01379
HEARING: 2/7/24 @ 9:30 AM
#6
Defendants’ Motion to Transfer Venue is
GRANTED.
Moving Party to give NOTICE.
Defendants/Cross-Complainants Samtex Fabrics,
Inc. (Samtex), Shimshon Kachan, and Mogjan Rahimian (collectively Defendants)
move to transfer venue to Los Angeles County’s Central District, Stanley Mosk
Courthouse.
No Opposition filed as of February 5, 2024.
On
May 3, 2023, Plaintiff National Commercial Recovery, Inc. (Plaintiff) filed a
Complaint alleging a Common Count for Open Book Account and Goods Sold and
Delivered and for Account Stated against Defendants. Plaintiff was assigned the
rights of Shaoxing Sheng Lian Trade Co., Ltd. (Shaoxing), whose principal place
of business is in China for the alleged Common Counts and Account Stated. Defendants
filed a Cross-Complaint against Shaoxing alleging:
1.
Breach
of Contract
2.
Breach
of Implied Warranty of Merchantability
3.
Intentional
Interference with Contractual Relations
4.
Intentional
Interference with Prospective Economic Advantage
Judicial
Notice
“Any
request for judicial notice must be made in a separate document listing the
specific items for which notice is requested and must comply with rule
3.1306(c).” (California Rules of Court Rule 3.1113(l).
Defendant’s
request for judicial notice is denied because it was made in the memorandum and
not in a separate document.
Legal
Standard
“The
court may, on motion, change the place of trial in the following cases … (a) When
the court designated in the complaint is not the proper court.” (CCP § 397.)
Discussion
The case should be transferred to the Central
District because Defendants’ reside in the Central District and the performance
was to occur in China. Plaintiff’s CM-010 Form states that venue is proper in
the Southeast District, Norwalk Courthouse because it is where performance was
required or where the Defendants reside. Additionally, Plaintiff alleges that
Samtex’s business address is 2424 E. 28th Street, Vernon, CA 90058 and Kachan
and Rahimian are principal’s of Samtex. (Compl. ¶¶ 4-6.) As to the residence of
Defendants, first, Plaintiff’s Proof of Service on all Defendants occurred at
356 S. Palm Dr. Beverly Hills, CA 90212 and not in the Southeast District.
Second, Kachan stated that Samtex’s business address since the “beginning of
2023” is 1114-1118 E. 8th Street, Unit 201, Los Angeles, CA. (Kachan Decl., ¶
2.) As to where performance was to occur, the payments were to be wired to
Shaoxing’s bank in China. (Tabibi Decl., Ex. 1.) Plaintiff has not opposed this
Motion and, thus, the Court has no evidence to weigh against Defendants’
evidence. Therefore, Defendants’ Motion to Transfer Venue to the Central
District, Stanley Mosk Courthouse is granted.
Accordingly, Defendants’
Motion to Transfer Venue is GRANTED.