Judge: Mark E. Windham, Case: 23STLC06563, Date: 2024-02-20 Tentative Ruling

Case Number: 23STLC06563    Hearing Date: February 20, 2024    Dept: 26

Hassan, et al. v. Nolan, et al.

MOTION TO CHANGE VENUE

(CCP §§ 395, 396)

TENTATIVE RULING:

Specially Appearing Defendants John Michael Nolan and J.M. Nolan Architects, Inc.’s Motion to Transfer Venue and for Sanctions is GRANTED. THE ACTION IS TO BE TRANSFERRED TO THE SUPERIOR COURT OF VENTURA COUNTY. DEFENDANTS ARE AWARDED ATTORNEY’S FEES OF $3,920.00 AND COSTS OF $60.00, TO BE PAID BY PLAINTIFF’S COUNSEL OF RECORD WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER.

ANALYSIS:

Plaintiffs Marwan Abu Hassan and Maliheh Shajari (“Plaintiffs”) filed the instant action against Defendants John Michael Nolan and J.M. Nolan Architects, Inc. (“Defendants”) on October 12, 2023. A First Amended Complaint for (1) breach of contract; (2) fraudulent misrepresentation; (3) professional negligence; (4) unjust enrichment; and (5) unfair business practice was filed on November 22, 2023. Defendant Becky Nolan was added to the action as a doe defendant on November 30, 2023.

Defendants filed the instant Motion to Transfer Action and for Sanctions on December 14, 2023. No opposition has been filed to date.

Discussion

Defendants bring the instant Motion pursuant to Code of Civil Procedure section 396b, subdivision (a) and 397, subdivision (a), on the grounds that they are entitled to have the action tried in the county where they reside unless the action comes within an exception to the general venue rule. Code of Civil Procedure section 395 states in relevant part: “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).) If an action is commenced in a court other than the proper court for trial, the defendant may move for an order transferring the action to the proper court. (Code Civ. Proc., § 396b, subd. (a).)

“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.) Both Defendants are residents of Ventura County. Defendant Nolan resides at 116 Stagecoach Rd., Bell Canyon, California; Defendant Nolan Company operates out of Defendant Nolan’s residence. (Motion, Nolan Decl., ¶¶2, 6 and Exhs. B, E.) The parties entered into the subject contract while in Ventura County with respect to architectural services for a property located in Ventura County. (Id. at ¶¶3, 5 and Exh. C.) Plaintiffs cannot establish that Defendants’ alleged liability under the contract or tort causes of action arose in Los Angeles County. Indeed, Plaintiffs have not filed an opposition to the instant Motion. The entire action, therefore, may be transferred to Ventura County.

Defendants also request an award of attorney’s fees and costs pursuant to Code of Civil Procedure section 396b, subdivision (b), which states in relevant part: “In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney’s fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action.” (Code Civ. Proc., § 396b, subd. (b).) However, the amount sought is excessive. Defense counsel states their hourly billing rate is $700.00 but does not explain why that is reasonable. A reasonable attorney’s fee rate for a limited jurisdiction breach of contract and fraud action is $400.00 per hour. Nor was any opposition filed so Defendants are not entitled to recover time spent filing a reply. Based on a lodestar calculation, Defendants are entitled to attorney’s fees in the amount of $3,520.00 for 8.8 hours of attorney time, plus costs of $60.00. (Motion, Lavaee Decl., ¶10.)

Conclusion

Specially Appearing Defendants John Michael Nolan and J.M. Nolan Architects, Inc.’s Motion to Transfer Venue and for Sanctions is GRANTED. THE ACTION IS TO BE TRANSFERRED TO THE SUPERIOR COURT OF VENTURA COUNTY. DEFENDANTS ARE AWARDED ATTORNEY’S FEES OF $3,520.00 AND COSTS OF $60.00, TO BE PAID BY PLAINTIFF’S COUNSEL OF RECORD WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER.

Moving party to give notice.