Judge: Michelle C. Kim, Case: 22STCV36011, Date: 2023-10-25 Tentative Ruling

Case Number: 22STCV36011    Hearing Date: October 25, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ISABEL VALDIVIA, 

Plaintiff(s),  

vs. 

 

JOSE JAVIER DELGADO RIVAS, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV36011 

 

[TENTATIVE] ORDER GRANTING MOTION TO TRANSFER VENUE TO SAN DIEGO COUNTY SUPERIOR COURT 

 

Dept. 31 

1:30 p.m.  

October 25, 2023 

 

I. Background 

Plaintiff Isabel Valdivia (“Plaintiff”) filed this action against defendants Jose Javier Delgado Rivas (“Rivas”), Gerardo J. Diaz (“Diaz”), and Jorge Manuel Mojica (“Mojica”) (collectively, “Defendants”) for damages arising from a motor vehicle accident that occurred near Rosarito, Baja California on November 27, 2020. The complaint alleges Diaz is a resident of Los Angeles County, and that both Rivas and Mojica are residents of San Bernardino County.  

At this time, Plaintiff moves for an order transferring venue to San Diego County Superior Court pursuant to CCP §397(a), on the grounds that Diaz is actually a resident of San Diego County, and that the underlying matter does not involve or pertain to Los Angeles County. The motion is unopposed.  

 

II. Motion to Transfer Venue  

Pursuant to CCP §395(a), an action for personal injuries is properly brought in the “superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.”   

Further, CCP § 397(a) states the court may, on motion, change the place of trial “[w]hen the court designated in the complaint is not the proper court.” 

Here, Plaintiff provides the incident occurred in Rosarito, Baja California North, Mexico. At the time of the filing of the complaint, Plaintiff believed Defendant Diaz resided in Los Angeles County with his mother. (Contreras Decl. 2.) However, further investigation confirmed that Defendant Diaz resides in San Diego County. (Ibid.) Plaintiff contends Los Angeles County is therefore an improper venue because none of the named defendants reside in Los Angeles County, and the underlying motor vehicle incident also did not occur in Los Angeles County. (Id. at ¶¶2-3.) Plaintiff declares she will bear the costs associated with the transfer.  

 

Based on the foregoing, Plaintiff’s motion is GRANTED.   

 

Plaintiff is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the Court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 24th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court