Judge: Lisa R. Jaskol, Case: 23STCV16690, Date: 2024-01-05 Tentative Ruling

Case Number: 23STCV16690    Hearing Date: January 5, 2024    Dept: 28

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

BACKGROUND 

On July 18, 2023, Plaintiff Dennis Stankie (“Plaintiff”) filed this action against Defendants Santa Monica Bay Woman’s Club (“Defendant”) and Does 1-50 for general negligence, intentional tort, premises liability, and elder abuse. 

On September 8, 2023, specially appearing Defendant filed a motion to transfer the case to the Santa Monica Courthouse.  Plaintiff has not filed an opposition. 

On September 25, 2023, Plaintiff amended the complaint to include Defendant Becky Upchurch as Doe 1.  On October 12, 2023, Plaintiff amended the complaint to include Defendant Peter Abbay as Doe 2. 

PARTY’S REQUEST 

Defendant requests an order transferring the case to the Santa Monica Courthouse. 

LEGAL STANDARD 

          Code of Civil Procedure section 396b, subdivision (a), provides in part: 

“Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.” 

(Code Civ. Proc., § 396b, subd. (a).)   

“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.)

          Los Angeles Superior Court Local Rule 2.3(a)(1)(A) provides that personal injury actions must be filed in the judicial district where the incident arose.  Local Rule 2.3(b)(2) provides that proceedings concerning transfer of a personal injury action “shall be determined in the Central District or in the North District in one of the departments designated to hear those matters . . . .” 

DISCUSSION 

Defendant moves to transfer the case from the Spring Street Courthouse in downtown Los Angeles to the Santa Monica Courthouse.  Defendant asserts that Plaintiff should have filed the case in the Santa Monica Courthouse.

Defendant does not address the timeliness of the motion, which Defendant filed more than 30 days after Plaintiff filed his complaint.  Plaintiff has waived any objection based on the motion's timeliness by failing to oppose the motion. 

The complaint alleges that the incident took place at 1210 4th Street, Santa Monica, CA 90401.  According to the Court’s filing court locator, the case could have been filed in the Santa Monica or Beverly Hills Courthouses. 

The Court grants the motion and transfers the case to the Santa Monica Courthouse. 

CONCLUSION 

The Court GRANTS the motion of Defendant Santa Monica Bay Woman’s Club to transfer the case to the Santa Monica Courthouse.  The Court transfers the case to the Santa Monica 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.