Judge: Lynne M. Hobbs, Case: 22STCV25275, Date: 2023-11-16 Tentative Ruling

Case Number: 22STCV25275    Hearing Date: November 16, 2023    Dept: 30

JEFFREY CHEN, et al. vs DENNIS DWIGHT ROLLINS, et al.

Motion for Change of Venue

TENTATIVE  

Defendants’ motion to change venue is GRANTED.  Venue is not proper pursuant to Code of Civil Procedure section 395. Proper venue lies in San Bernardino County.  Matter is ordered transferred to said county upon payment of the transfer fee in the sum of $50.00 payable to the Los Angeles Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to San Bernardino Superior Court, within 30 days by Plaintiff in the Clerk's Office at the Los Angeles Superior Court. Moving party to give notice.

DISCUSSION 

Defendants move to transfer venue to San Bernardino County pursuant to Code of Civil Procedure §§ 395, 395.5, and 396b. Venue is improper as Los Angeles County is neither the county where the injury occurred nor the county where the defendants, or some of them reside. This matter arises from a two-vehicle collision that occurred on northbound I-15, 0.5 miles North of Hodge Road in an unincorporated area of San Bernardino County. (Gilbert Decl., ¶ 2; Ex. A.) Defendant Driver Dennis Rollins resided in Victorville, California, which is located in San Bernardino County. (Gilbert Decl., ¶ 3). Defendant PV Holding Corp. is a Delaware corporation with its principal place of business in New Jersey. (Id., ¶ 4; Ex. B.)

Here, the Secretary of State of documents state that Defendant’s Principal Office is in New Jersey. (See Weil & Brown, supra, at para. 3:521.1 [“A corporation is bound for venue purposes by its designation of its ‘principal place of business’ in corporate documents filed with the Secretary of State (e.g., articles of incorporation and “Statement by Domestic Stock Corporation” filed annually with the Secretary of State). The corporation cannot claim its principal office is actually somewhere else.”].)

Plaintiff’s argument in opposition is unavailing. Plaintiff argues that in Gutierrez v. Superior Court (1966) 243 Cal.App.2d 710, 728, defendant sought to transfer an action from San Francisco, asserting that situs of the foreign corporate defendant upon which such venue was based was outside that county. The court disagreed, noting that the foreign corporation had designated San Francisco County as its “principal office within this State” in its statement filed with the Secretary of State, as required by former Corporations Code section 6403, subdivision (b).2 (See now § 2105, subd. (a)(3).) The court held the corporation's filing in accordance with section 6403 had caused its principal place of business to become “fixed by law.” (Ibid.)

Gutierrez does not help Plaintiff because Defendant’s Statement of Information states its principal place of business is New Jersey. There is no address listed in California for its principal place of business on the Secretary of State documents.

Because no Defendant resides in Los Angeles, or has its principal place of business in Los Angeles, and the events giving rise to this action occurred in San Bernardino, which is also where Defendant Rollins resides, county is improper in Los Angeles. The motion is therefore granted.