Judge: Michael E. Whitaker, Case: 22STCV26101, Date: 2022-12-15 Tentative Ruling

Case Number: 22STCV26101    Hearing Date: December 15, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Plaintiffs Kirby Corrington and Maria Corrington (collectively, Plaintiffs) sued Defendants Benny Lee Garnes and Patricia Garnes (collectively, Defendants) based on a motor vehicle collision.  Defendants move to transfer venue in this action to San Bernardino County.  Plaintiffs have not filed an opposition to the motion.

Preliminarily, the Court notes that Defendants included a request for judicial notice within the motion to change venue. Pursuant to California Rules of Court 8.252, subdivision (a), “to obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order.” As Defendants failed to file a separate motion to request judicial notice, the Court notes their request for judicial notice as procedurally defective.  However, the Court shall exercise its discretion to grant Defendants’ request of the following, subject to Evidence Code section 452, subdivisions (g) and (h):

1. Highway 15 passes through San Bernardino, Riverside, and San Diego Counties. It does not cross through Los Angeles County at any point

2.  Highway 15 does not pass through zip code 90808 (Long Beach) at any point.

ANALYSIS

If a defendant contends that that the court in which the plaintiff filed the complaint is the wrong court, the defendant must move to transfer venue at the time the defendant answers, demurs, or moves to strike, or within the time to respond to the complaint.  (Code Civ. Proc., § 396b, subd. (a).)  “In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney's fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action.  In determining whether that order for expenses and fees shall be made, the court shall take into consideration (1) whether an offer to stipulate to change of venue was reasonably made and rejected, and (2) whether the motion or selection of venue was made in good faith given the facts and law the party making the motion or selecting the venue knew or should have known.”  (Code Civ. Proc., § 396b, subd. (b).) 

A plaintiff may file a personal injury action in the county where any defendant resides, or the county where the injury occurred.  (See Code Civ. Proc., § 395, subd. (a).)  Defendants contend Plaintiff improperly filed this action in Los Angeles County, rather than San Bernardino County.  As the moving party on this motion, Defendants bear the burden to advance admissible evidence to show that venue is not proper in Los Angeles County.  (See Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 929, fn. 7.) 

Here, Defendants advance the declaration of their counsel, Paul J. Whitfield, who states his clients reside in Arizona.  (See Declaration of Paul J. Whitfield, ¶ 2.)  Further Counsel explains he has interviewed his clients regarding the underlying accident who state the accident took place on the Highway 15.  (See Declaration of Paul J. Whitfield, ¶ 3.). The Complaint additionally alleges that the underlying accident occurred on the Highway 15, specifically stating it took place on the “HWY 15 in Long Beach, California.”  (Complaint, p. 4.)  However, Counsel avers that the accident did not take place in Long Beach, but rather Fontana, stating that it is a physical impossibility that the accident occurred in Long Beach because Highway 15 does not run through Long Beach.  (See Declaration of Paul J. Whitfield, ¶ 3.) 

Plaintiffs have not filed a motion in opposition and thus have failed to rebut Defendants’ evidence that the incident occurred within San Bernadino County rather than Los Angeles County or that Defendants do not reside in Los Angeles County, and rather live outside the County of Los Angeles (State of Arizona). 

CONCLUSION AND ORDER

Therefore, the Court grants Defendants’ motion to transfer venue to the Superior Court in and for the County of San Bernardino. The Court orders Plaintiffs to pay the costs and fees associated with transfer within 30 days of notice of this order per Code of Civil Procedure section 399, subdivision (a).

Defendants shall provide notice of the Court’s ruling and file proof of service of such.