Judge: Melvin D. Sandvig, Case: 22CHCV00421, Date: 2022-10-24 Tentative Ruling
Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).
Case Number: 22CHCV00421 Hearing Date: October 24, 2022 Dept: F47
Dept. F47
Date: 10/24/22
Case #22CHCV00421
MOTION TO
TRANSFER
Motion filed on 7/26/22.
MOVING PARTY: Defendant Iglesia
De Cristo Ministerios LLamada Final, Inc.
RESPONDING PARTY: Plaintiff National Group Construction
& Management, Inc.
NOTICE: ok
RULING: The motion is placed off calendar.
On 6/9/22, Plaintiff National Group Construction &
Management, Inc. (Plaintiff) filed this action for: (1) Breach of Fiduciary
Duty and Duty of Loyalty; (2) Aiding and Abetting a Breach of Fiduciary Duty
and Duty of Loyalty; (3) Fraud—Intentional Misrepresentation of Fact; (4) Aiding
and Abetting Fraud— Intentional Misrepresentation of Fact; (5) Fraud—Concealment;
(6) Aiding and Abetting Fraud— Concealment; (7) Negligent Misrepresentation;
(8) Aiding and Abetting Negligent Misrepresentation; (9) Negligence; (10) Violation
of Trade Secrets Act; (11) Unfair Competition (Business and Professions Code
§17200); (12) Declaratory Relief; (13) Civil Conspiracy and (14) Unjust
Enrichment against Defendants Iglesia De Cristo Ministerios LLamada Final, Inc.
(Defendant Iglesia); Ariel Mayorga, Humberto Espinola, Edwin Lopez and Does
1-50.
On 7/26/22, Defendant Iglesia filed (served on 7/25/22)
the instant motion seeking an order to transfer this action to the Southeast
District of the Superior Court of the State of California for the County of Los
Angeles, specifically, the Norwalk Courthouse, located at 12720 Norwalk Blvd.,
Norwalk, CA 90650. Additionally,
Defendant requests an award of its reasonable expenses and attorney's fees
incurred in bringing this motion to transfer, pursuant to CCP 396b(b) and 399,
in the amount of $12,455.00.
Los Angeles Superior Court Local Rule, Rule 2.3(b),
regarding the transfer of actions to another district, provides, in relevant
part:
(2) The Supervising Judge of the
Civil Division may, for the convenience of witnesses or to promote the ends of
justice, transfer a civil case from one district to another. Except for
proceedings concerning transfer of a Personal Injury Action, as defined in
subsection (a)(1)(A), motions to transfer a civil action from one district
to another, including motions based upon a failure to file the case in
accordance with the requirements set forth in this Chapter must be made in
Department 1 in the Central 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 (“Personal Injury Court”). (emphasis added).
Based on the foregoing, the instant motion, which seeks
to transfer this action from the North Valley District to the Southeast
District, must be made in Department 1 in the Central District.