Judge: Michael J. Strickroth, Case: 2022-01291111, Date: 2023-05-15 Tentative Ruling

Motion for Change of Venue  (Transfer)

Plaintiff Santanette Braziel’s Motion to Transfer Venue is GRANTED.

Code of Civil Procedure § 397 provides that:

The court may, on motion, change the place of trial in the following cases:

(a) When the court designated in the complaint is not the proper court.

(b) When there is reason to believe that an impartial trial cannot be had therein.

(c) When the convenience of witnesses and the ends of justice would be promoted by the change.

(d) When from any cause there is no judge of the court qualified to act.

(e) When a proceeding for dissolution of marriage has been filed in the county in which the petitioner has been a resident for three months next preceding the commencement of the proceeding, and the respondent at the time of the commencement of the proceeding is a resident of another county in this state, to the county of the respondent’s residence when the ends of justice would be promoted by the change. If a motion to change the place of trial is made pursuant to this paragraph, the court may, prior to the determination of such motion, consider and determine motions for allowance of temporary spousal support, support of children, temporary restraining orders, attorneys’ fees, and costs, and make all necessary and proper orders in connection therewith.

Plaintiff asserts she filed this action in Orange County because the San Bernardino County courts were experiencing “extraordinary” delays.  But the Property at issue, as well as the parties reside in San Bernardino County, and Plaintiff intended to transfer venue at the time of the filing.  Therefore, transfer is warranted under section 397(c).

Based on the evidence presented, venue appears to be proper in San Bernardino County, and the Motion is unopposed.  This action is therefore to be transferred to the San Bernardino County Superior Court for all further proceedings. 

Moving party is ordered to submit a Proposed Order containing all information of the receiving court and who is responsible for payment of the transfer fees.

The Court schedules an Order to Show Cause re: Submission of Proposed Order for 06/26/2023 at 8:30 AM in Department C15.

Moving party to give notice. 

Case Management Conference 

Should the tentative regarding the motion above become the order of the Court, the Case Management Conference will go off calendar.  Should the motion not be granted, then counsel for the parties are required to be present, either personally or remotely, for the Case Management Conference.