Judge: Michael Shultz, Case: 24CMCV00550, Date: 2024-08-06 Tentative Ruling

Case Number: 24CMCV00550    Hearing Date: August 6, 2024    Dept: A

24CMCV00550 Amber Hendree v. Santander Consumer USA dba Chrysler Capital & Lithia Motors, Inc. etc.

Tuesday, August 6, 2024, at 8:30 a.m.

[TENTATIVE] ORDER TAKING DEMURRER TO COMPLAINT OFF CALENDAR

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION FOR CHANGE OF VENUE

I.        BACKGROUND      

       This action arises from Plaintiff’s purchase of a vehicle and Defendant’s alleged violations of the financing terms and for engaging in unlawful debt collection practices. Defendant, Costa Mesa-CJD, Inc. dba Orange Coast Chrysler Dodge Jeep Ram Fiat, filed its demurrer to the complaint on July 3, 2024. Plaintiff filed a first amended complaint on July 12, 2024, rendering the demurrer moot. Accordingly, the demurrer is taken off calendar.

       The first amended complaint alleges claims arising from the same facts; namely, Defendant’s alleged misrepresentation of the finance contract terms, fraudulent debt collection practices, and wrongful repossession. Plaintiff alleges 29 causes of action for statutory violations and other common law claims arising from these facts.         

II.      ARGUMENTS

       Plaintiff now moves to change venue of this action to United States District Court for the Central District given the alleged violations of federal statutes. 

       Defendant, Santander Consumer USA, Inc. dba Chrysler Capital argues that the court has no authority to transfer venue to a federal court. Only a defendant has the right of removal to a federal court. Plaintiff could have brought this matter to federal court by filing her complaint in that court.

       The court’s file does not reflect that Plaintiff filed a reply brief by July 30, 2024, five court days before the hearing. (Code Civ. Proc., § 1005(b).       

III.    DISCUSSION

       Plaintiff does not cite any authority that gives a state trial court the power to “change venue” of its own matters to federal court. The term “venue” indicates the particular county (or counties) within the state where a case is to be heard. (K.R.L. Partnership v. Superior Court (2004) 120 Cal.App.4th 490, 496.) The procedure for transferring a state court matter to a district court of the United States is by removal, a right afforded to defendants. (28 U.S.C.A. § 1441 (West).)

       The state’s jurisdiction is limited to its own territory. (Global Packaging, Inc. v. Superior Court (2011) 196 Cal.App.4th 1623, 1630 ["Any attempt to exercise authority beyond these limits would be deemed in every other forum ... an illegitimate assumption of power, and be resisted as mere abuse.”].)

IV.    CONCLUSION

       As this court has no authority to transfer this matter to a federal court, Plaintiff’s motion is DENIED. The demurrer of Costa Mesa-CJD, Inc. dba Orange Coast Chrysler Dodge Jeep Ram Fiat is TAKEN OFF CALENDAR.