Judge: Mark E. Windham, Case: 24STLC04907, Date: 2024-11-04 Tentative Ruling

Case Number: 24STLC04907    Hearing Date: November 4, 2024    Dept: 26

Noriega v. Walmart Claims Services, Inc., et al.

MOTION TO CHANGE VENUE

(CCP §§ 397(b))

TENTATIVE RULING:

Defendant Walmart Claims Services, Inc.’s Motion to Change Venue is GRANTED. DEFENDANT IS TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER.

ANALYSIS:

Plaintiff Martha Noriega (“Plaintiff”) filed the instant action against Defendant Walmart Claims Services, Inc. (“Defendants”) on July 9, 2024. Defendant answered the Complaint on August 5, 2024 and the instant Motion to Transfer Action on September 3, 2024. Plaintiff filed and served an untimely opposition on October 30, 2024. The opposition should have been served 12 days earlier, by October 18, 2024. (Code Civ. Proc., §§ 1005, 1010.6.) Accordingly, the Court declines to consider Plaintiff’s opposition.

Discussion

Defendants bring the instant Motion pursuant to Code of Civil Procedure section 397, subdivision (b), on the grounds that the convenience of the witnesses and the ends of justice would be promoted by a change of venue to the county where the subject accident occurred and all non-party witnesses are located. The statute provides that, “[t]he court may, on motion, change the place of trial in the following cases: (c) When the convenience of witnesses and the ends of justice would be promoted by the change.” (Code Civ. Proc., § 397, subd. (c). The Motion is supported by the declaration of defense counsel, who states that Defendant intends to call the following witnesses, who live in Wenatchee, Washington: Elissa Sawatzky, Jessica DeCoteau, Kristen Magnussen, Kristen Rittenhouse, and Michael Reyes. (Motion, Costa Decl., ¶2.) These witnesses’ testimony is crucial the dispute in this case and might be necessary to authenticate the surveillance video and customer incident report for this matter. (Id. at ¶3.) Each of the witnesses attests that it would be a great inconvenience if the trial in this action was in Los Angeles, California. (Id. at Exh. 1.)

Based on the foregoing showing the Court finds that the convenience of witnesses and the ends of justice would be promoted by the proposed change in venue.

Conclusion

Defendant Walmart Claims Services, Inc.’s Motion to Change Venue is GRANTED. DEFENDANT IS TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER.

Moving party to give notice.