Judge: Lynne M. Hobbs, Case: 23STCV28180, Date: 2024-03-12 Tentative Ruling

Case Number: 23STCV28180    Hearing Date: March 12, 2024    Dept: 30

ELVIA OLIVAREZ vs BROOKE HAMPTON, et al.

Tentative

Defendants’ unopposed motion to change venue is GRANTED.  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 payable to Orange County Superior Court, within 30 days by Plaintiff in the Clerk's Office at the Los Angeles Superior Court.

The Court sets an OSC re sanctions in the amount of $100 for Plaintiff's failure to effectuate transfer as ordered. The Judicial Assistant is to calendar the matter within 60 days.

Moving party to give notice.

Legal Standard

“Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.) Plaintiff’s choice of venue is presumptively correct, and Defendant bears the burden of demonstrating that venue is not proper there. (Battaglia Enterprises, Inc. v. Superior Court of San Diego County (2013) 215 Cal.App.4th 309, 313-14.)

Where a complaint alleges injury to a person or personal property, venue is proper where some or all of the defendants reside. (Code Civ. Proc. § 395.) Where a complaint alleges personal injury “from wrongful act or negligence . . . the county where the injury occurs . . . shall be a proper county for the trial of the action.” (Cacciaguidi v. Superior Court (1990) 226 Cal.App.3d 181, 184-185.)

Discussion

Defendants move to transfer venue to Orange County. They argue that Los Angeles County is an improper venue because the collision took place Orange County. (LaScola Decla., ¶ 4; Exh, A, p. 4.) In addition, Defendants live in Orange County. (Id., ¶ 6; Exh. A, ¶ 8.a.)

As such, because Defendants reside in Orange County, and Plaintiff’s alleged injuries occurred in Orange County, the Court finds that venue is not proper pursuant to Code of Civil Procedure section 395. Proper venue lies in Orange County.  Defendants’ motion to change venue to Orange County is granted.