Judge Michelle Williams Court, Case 22STCV01945 2022-09-06 Tentative Ruling

Judge: Michelle Williams Court, Case: 22STCV01945, Date: 2022-09-06 Tentative Ruling

Case Number: 22STCV01945 Hearing Date: September 6, 2022 Dept: 74

22STCV01945 SKYLER A. WOMACK vs SILVERSCREEN HEALTHCARE

Defendant’s Motion to Change Venue

TENTATIVE RULING: Defendant’s Motion to Change Venue is GRANTED. The action shall be transferred to San Bernardino County. Plaintiffs to pay the cost of transfer. (Code Civ. Proc. § 399(a) (“If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees, . . . shall be paid by the plaintiff before the transfer is made.”).)

Background

On January 18, 2022, Plaintiffs Skyler Womack, by and through his successor in interest Jonie Holland, Jonie Holland, individually, and Wayne Womack filed this action against Defendants Silverscreen Healthcare, Inc. dba Asistencia Villa Rehabilitation and Care Center, KND Development 55, LLC dba Kindred Hospital Rancho, and Redlands Community Hospital. The complaint asserts causes of action for: (1) dependent adult abuse; (2) negligence; (3) violation of residents rights; and (4) wrongful death.

On May 11, 2022, the clerk entered Plaintiff’s request to dismiss KND Development 55, LLC dba Kindred Hospital Rancho without prejudice.

On August 22, 2022, the Court entered an order granting, in part, Defendant Silverscreen Healthcare, Inc.’s motion to compel arbitration.

Motion

On August 10, 2022, Defendant Redlands Community Hospital filed a motion to change venue to Riverside County Superior Court (Palm Springs).

On August 22, 2022, Plaintiffs filed a notice of non-opposition and therefore the motion is expressly unopposed.

Motion

Standard

Code of Civil Procedure section 396b(a) provides: “[e]xcept as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.”

“There is a presumption that the county in which the plaintiff chose to file the action is the proper county.” (Battaglia Enterprises, Inc. v. Superior Court of San Diego County (2013) 215 Cal.App.4th 309, 313–14.) “It is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482.)

This Case is Properly Transferred to San Bernardino County

Pursuant to Code of Civil Procedure section 395(a), “[i]f the action is for injury to person or personal property or for death from wrongful act or negligence, 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.”

The complaint alleges Defendant Redlands Community Hospital is located at 350 Terracina Blvd., Redlands, CA 92373. (Compl. ¶ 6.) Defendant Silverscreen Healthcare is alleged to be located at 1875 Barton Rd., Redlands, CA 92373. (Compl. ¶ 4.) The conduct at issue in this case occurred at these facilities. The city of Redlands is located within San Bernardino County in California. Plaintiffs expressly did not oppose the motion and Plaintiffs’ counsel stated “we are fine with the venue transfer” in an email correspondence with Defendant’s counsel. (McVay Decl. ¶ 3, Ex. B.) The Court finds the proper court for this action is the superior court in San Bernardino County and the unopposed motion is GRANTED.