Judge: Maurice A. Leiter, Case: 24STCV08204, Date: 2024-10-18 Tentative Ruling

Case Number: 24STCV08204    Hearing Date: October 18, 2024    Dept: 54

Hearing Date: October 18, 2024

Department 54, Judge Maurice A. Leiter

Motion to Transfer Venue

Moving Party: Defendant John Anthony Hickey

Responding Party: None

T/R:     DEFENDANT’S MOTION TO TRANSFER VENUE IS GRANTED.

DEFENDANT TO NOTICE.  

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

CCP § 395(a) provides, in pertinent part, “If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.”

Defendant moves to transfer venue to Orange County, CA. Defendant asserts that venue is proper in Orange County because the motor vehicle accident at issue in this action occurred in Irvine, Defendant resides in Irvine, and Plaintiff resides in Mission Viejo. Defendant represents that the complaint erroneously alleges the accident occurred in Los Angeles and that the parties reside in Los Angeles. This is sufficient to show that Orange County is the proper venue for this action. Plaintiff does not oppose this motion to show otherwise. The motion is GRANTED.