Judge: Lisa R. Jaskol, Case: 22STCV05607, Date: 2023-12-11 Tentative Ruling

Case Number: 22STCV05607    Hearing Date: December 11, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On February 14, 2022, Plaintiffs Adeelah Baatin, Amyah Molina, and Ailey Key, a minor, by Adeelah Baatin as her guardian ad litem, filed this action against Defendants Westridge at Hilltop Apartments, Greystar Real Estate Partners, LLC, Bentley P., and Does 1-20 for battery, negligence, intentional infliction of emotional distress, breach of implied warranty of habitability, breach of covenant of quiet enjoyment, violation of Civil Code section 1942.4, private nuisance, public nuisance and breach of contract. 

On October 5, 2023, Plaintiffs filed a motion to transfer the case to Contra Costa County to be heard on December 11, 2023. 

No trial date is currently scheduled. 

PARTIES’ REQUEST 

Plaintiffs request that the Court transfer the case to the Superior Court of the State of California, Contra Costa County. 

LEGAL STANDARD 

          Code of Civil Procedure section 395, subdivision (a), provides in part: 

“Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, 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. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. . . . If any person is improperly joined as a defendant or has been made a defendant solely for the purpose of having the action tried in the superior court in the county where he or she resides, his or her residence shall not be considered in determining the proper place for the trial of the action.” 

(Code Civ. Proc., § 395, subd. (a).) 

          Code of Civil Procedure section 397 provides in part: 

“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. 

* * * 

(c) When the convenience of witnesses and the ends of justice would be promoted by the change. . . .” 

(Code Civ. Proc., § 397, subds. (a), (c).) 

          “A motion for transfer on the ground that the action was filed in an ‘improper’ court (mandatory transfer) must be made within the time permitted to plead; i.e., 30 days after service, unless extended by stipulation or court order.”  (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 3:564, p. 3-170, citing Code Civ. Proc., § 396b (Cal. Practice Guide).) 

DISCUSSION 

Plaintiffs move to transfer the case from Los Angeles County – where they filed it – to Contra Costa County.  Plaintiffs state that they erroneously filed the case in Los Angeles County and should have filed it in Contra Costa County, where the events underlying the complaint took place. 

“If transfer is ordered on the ground that plaintiff filed in the ‘wrong court,’ plaintiff is responsible for paying the costs and fees of transferring the action to whichever county the court orders, within 30 days after service of notice of the transfer order.”  (Cal. Practice Guide, supra, ¶ 3:589, p. 3-177.) 

The Court grants the motion.  Plaintiffs are ordered to pay the transfer fees. 

CONCLUSION 

The Court GRANTS the motion of Plaintiffs Adeelah Baatin, Amyah Molina, and Ailey Key, a minor, by Adeelah Baatin as her guardian ad litem, to transfer the case to Contra Costa County. 

The Court orders Plaintiffs to pay the transfer fees within 30 days after service of notice of this order. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.