Judge: Malcolm Mackey, Case: 22STCV17187, Date: 2022-10-17 Tentative Ruling

Case Number: 22STCV17187    Hearing Date: October 17, 2022    Dept: 55

WALLIS v. ROBINSON HELICOPTER COMPANY, INC.                  22STCV17187

Hearing Date:  10/17/22,  Dept. 55

#6:   MOTION  TO TRANSFER FROM THE CENTRAL DISTRICT OF THE LOS ANGELES COUNTY SUPERIOR COURT TO THE SOUTHWEST DISTRICT.

Notice:  Okay

Opposition

MP:  Defendant

RP:  Plaintiff

Summary

On 5/24/22, Plaintiff KRISTEN M. WALLIS, as the Personal Representative of the Estate of Tyson “Ty” Wallis, deceased, filed a Complaint alleging wrongful death caused by Defendant’s helicopter breaking apart in flight during a flying lesson.

MP Positions

Moving party requests an order transferring this action to the Southwest District, on grounds including the following:

·         There is a related case at issue in the Southwest District, with a notice of related case and related cross-complaint filed.

·         Defendant is located, and the subject helicopter was manufactured, in the Southwest District.

·         The Southwest District is where the majority of California witnesses reside and/or are employed.

·         California Code of Civil Procedure § 402(b) provides that the Court may for any reason transfer an action or proceeding in one location to another location of the same Court.

·         Los Angeles County Superior Court Local Rules provide that the Court shall have the absolute authority to transfer actions within the various districts.

RP Positions

Opposing party advocates denying, for reasons including the following:

·         It was mandatory to file the personal injury action in the Central District.  Local Rule 2.3(a)(1)(A).

·         The related case should be moved from the Southwest District to the Central District, instead.

·         Cited Code of Civil Procedure § 397(c) applies to counties, not districts.  Even if it applied, Robinson does not name a single witness who would be inconvenienced by a trial in the Central District, it does not submit an affidavit in support, and it does not explain how the ends of justice would be promoted by a transfer.

Tentative Ruling

The motion is granted, for reasons stated.

This entire action is transferred forthwith to the Southwest District of Los Angeles Superior Court.

Local Rules allow the Department to which a personal injury action is assigned to transfer the case to another District.   (“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….”). Local Rule 2.3(b)(2)