Judge: Mark E. Windham, Case: 24STLC02260, Date: 2024-06-24 Tentative Ruling

Case Number: 24STLC02260    Hearing Date: June 24, 2024    Dept: 26

AK1 Motorsports v. Lin, et al.

MOTION TO TRANSFER VENUE

(CCP §§ 395, 397)

TENTATIVE RULING:

Defendant Chen Lin’s Motion to Transfer Venue is CONTINUED TO SEPTEMBER 9, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY AUGUST 12, 2024, DEFENDANT CHEN LIN IS TO FILE PROOF OF SERVICE OF THE MOTION PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

Plaintiff AK1 Powersports (“Plaintiffs”) filed the instant action against Defendants Chen Lin (“Defendant Lin”), Carmax, Daimler Trust LSR, Bree Dorene M, and Bree Dorene Mae (collectively, “Defendants”) on March 27, 2024. Defendant Lin filed the instant Motion to Transfer Venue on May 3, 2024. No opposition has been filed to date.

Discussion

The Motion is not accompanied by a proof of service demonstrating service of the moving papers and notice of hearing on Plaintiff. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Accordingly, the hearing on the Motion will be continued.

Conclusion

Defendant Chen Lin’s Motion to Transfer Venue is CONTINUED TO SEPTEMBER 9, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY AUGUST 12, 2024, DEFENDANT CHEN LIN IS TO FILE PROOF OF SERVICE OF THE MOTION PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Moving party to give notice.