Judge: Melvin D. Sandvig, Case: 24CHCV03015, Date: 2024-12-03 Tentative Ruling

Case Number: 24CHCV03015    Hearing Date: December 3, 2024    Dept: F47

Dept. F47

Date: 12/3/24

Case #24CHCV03015

MOTION FOR TRANSFER OF VENUE

Motion filed on 10/15/24.

MOVING PARTY: Defendants Armando Lucatero and Yolanda Lucatero

RESPONDING PARTY: Plaintiff John Ilias

NOTICE: ok

RELIEF REQUESTED: An order pursuant to CCP 395 and 397 to transfer venue of this action to the Superior Court of California for the County of Stanislaus for further proceedings and trial. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a motor vehicle accident that occurred on 6/9/23 on SR-165 60 feet south of August Ave in Hilmar, California which is in Merced County.  (Complaint, p.4, ¶MV-1; Gillespie Decl. ¶2, Ex.A).  The complaint alleges that this court is the proper court because Plaintiff John Ilias (Plaintiff) resides in its jurisdictional area.  (Complaint, p.2,¶8.d.).  Defendants Armando and Yolanda Lucatero (Defendants) reside in Turlock, California which is in Stanislaus County.  (Gillespie Decl. ¶¶4-5, 11, Ex.D – Armando Lucatero Decl.). 

On 9/23/24, 10/2/24 and 10/3/24, Defendants’ counsel requested that Plaintiff stipulate to transferring this matter; however, no response was received.  (Gillespie Decl. ¶¶8-9, Ex.C).  On 10/15/24, Defendants filed and  served this motion which seeks an order pursuant to CCP 395 and 397 to transfer venue of this action to the Superior Court of California for the County of Stanislaus for further proceedings and trial.  Plaintiff has not opposed or otherwise responded to this motion. 

ANALYSIS

CCP 395(a) provides:

“Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the Defendant or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for the 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 Defendant, or some of them reside at the commencement of the action, is a proper court for the trial of the action.”

On motion of a party, the court may transfer venue of an action when the court designated in the complaint is into the proper court to adjudicate the matter or where the convenience of witnesses would be promoted.  See CCP 397(a), (c); CCP 396b(a), (d).  As noted above, at all relevant times, Defendants have resided in Stanislaus County.  (Gillespie Decl., Ex.D).  Plaintiff has presented no reason or argument as to why this action should remain in this Court in Los Angeles County.

Plaintiff is also ordered to pay all fees associated with the transfer before the matter is transferred to Stanislaus County.  This action was commenced in this court which is clearly not the proper court based on the facts of this case.  See CCP 399(a).  The Court also finds that Defendants are entitled to recover their reasonable expenses and attorney’s fees incurred in making this motion in the amount of $780.00, if counsel appears at the hearing, or $580.00 if no appearance on the motion is made.  See CCP 396b(b); (Gillespie Decl. ¶12).  As noted above, Defendants’ counsel attempted to resolve the issue informally by obtaining a stipulation to transfer; however, such efforts were ignored by Plaintiff’s counsel.  (See Gillespie Decl., Ex.C).  Such fees and costs are payable within 30 days.

CONCLUSION   

The motion is granted.