Judge: Lisa R. Jaskol, Case: 22STCV40180, Date: 2023-08-08 Tentative Ruling

Case Number: 22STCV40180    Hearing Date: August 8, 2023    Dept: 28

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

BACKGROUND 

On December 27, 2022, Plaintiffs James Ping Ong and Ellen Talumepa filed this action against Defendants Sandra Geiler (“Sandra”) and Richard Geiler (“Richard”) and Does 1-50 for negligence. 

On May 24 and June 2, 2023, Sandra and Plaintiffs filed stipulations to transfer venue to the Superior Court in Orange County, California. 

On June 30, 2023, Sandra filed a motion for change of venue to be heard on August 8, 2023. 

Trial is currently scheduled for June 25, 2024. 

PARTY’S REQUEST 

Sandra requests that the Court order that venue be transferred to the Superior Court of the State of California, Orange County. 

LEGAL STANDARD 

“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.”  (Code Civ. Proc., § 395, subd. (a).) 

“The court may, on motion, change the place of trial . . . 

* * *

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

(Code Civ. Proc., § 397, subd. (c).) 

DISCUSSION 

Sandra requests a change of venue to Orange County because the vehicle accident at issue took place in Orange County and Sandra lives in Orange County.  Sandra’s husband, Richard, lived in Orange County before he passed away.  Sandra and Plaintiffs have stipulated to change venue to Orange County. 

The Superior Court in Orange County is the proper county for the action because Orange County is where the accident occurred and where Sandra lives. (Code Civ. Proc., § 395, subd. (a).)  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Defendant Sandra Geiler’s motion for change of venue. The Court transfers the action to the Superior Court of the State of California, Orange County. 

The Court sets an OSC Re: Confirmation of Transfer on October 9, 2023 at 8:30 a.m. in Dept. 28 the Spring Street Courthouse. 

Moving party is ordered to give notice of this ruling. 

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