Judge: Michael Shultz, Case: 23CMCV00863, Date: 2023-11-30 Tentative Ruling

Case Number: 23CMCV00863    Hearing Date: November 30, 2023    Dept: A

23CMCV00863 Raenna Clark v. Commerce on Demand, LLC., et al.

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION TO TRANSFER PURSUANT TO CIVIL PROCEDURE SECTION 396a(e) AND REFERRING THE MATTER FOR REASSIGNMENT

       This action arises from the death of Alexzander Clark, who was allegedly shot and killed while delivering products for Defendants. Plaintiff alleges a claim for wrongful death in her individual capacity as well as successor-in-interest to the Estate of Alexzander Clark.

       Plaintiff moves to transfer this case to any other district in Los Angeles County in the interest of preserving the Court’s appearance of impartiality. Plaintiff contends that defense counsel has a mentoring relationship with the Honorable Michael Shultz, and that Defendant, Rashaan M. Everett’s, mother, the Honorable Laura Walton, is a judicial officer also presiding in the South Central District. No opposition has been filed.

       Plaintiff relies on Civil Procedure, section 396a subd. (e), which permits transfer of an action to a different superior court if the action is not pending in the proper court or “for other cause.” (Code Civ. Proc., § 396a subd.(e).) That section is applicable to unlawful detainer cases and cases subject to Civil Code, section 1812.10 (actions on contract or installment accounts; Civil Code section 2984.4 (actions on contract or purchase order); and subdivision (b) of Section 395 of the Code of Civil Procedure (actions arising from an offer or provision of goods, services, loans, or extensions of credit.) As this is an action for wrongful death, section 396a does not apply. Therefore, the motion is DENIED.

       Plaintiff’s contention that the Court has a “mentoring” relationship with defense counsel that creates an appearance of partiality is unfounded and inaccurate.  This Court, however, does have a long-standing professional relationship with the Honorable Laura Walton.  Accordingly, the Court recuses itself in furtherance of the interests of justice. (Code Civ. Proc., § 170.1 subd. (a) (6).)  This matter has been referred for reassignment to the Supervising Judge of the South Central District, Department D, who reassigned this matter to the Honorable Fumiko Wasserman, South Central District, Department B. Judge Wasserman can independently determine whether her recusal is appropriate under the circumstances pursuant to section 170.1 subd. (a) (6).