Judge: Michelle Williams Court, Case: 23BBCV02030, Date: 2024-05-09 Tentative Ruling

Case Number: 23BBCV02030    Hearing Date: May 9, 2024    Dept: 1

23BBCV02030           MARCH MELLOUL, et al. vs ARIEL AFAR, et al.

Plaintiff’s Motion to Transfer Venue

TENTATIVE RULING:  The Motion to Transfer Venue is GRANTED and 23BBCV02030 is ordered reassigned to the Santa Monica Courthouse in the West District of the Los Angeles Superior Court.  Notice of case reassignment shall issue shortly. Moving party to give notice.

Standard

The Local Rules of the Los Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).)

The Case Was Filed in an Improper District and the Parties Stipulated to a Transfer to a Proper District

Plaintiff seeks to transfer this action to the Santa Monica Courthouse in the West District. The case is currently assigned to Department V of the Alhambra Courthouse, which sits in the Northeast District of the Los Angeles Superior Court. (LASC Local Rules, rule 2.2(b).)

In section 1 of the civil case cover sheet, Plaintiff’s counsel checked the box describing the case type as “breach of contract/warranty (06).” Pursuant to Local Rule 2.3(a)(1)(A), “[t]he filing court locator on the Los Angeles Superior Court website (www.lacourt.org) should be used to determine the appropriate filing location.” A contract action may be filed in one of three locations, the Central District, where performance is required by an express provision, or where defendant resides. (LASC Local Rules, rule 2.3(a)(1)(B).)

In “Step 4” of the civil case cover sheet addendum where the filing party is asked to “[c]heck the appropriate boxes for the numbers shown under Column C for the type of action that you have selected. Enter the address, which is the basis for the filing location including zip code,” Plaintiff selected Reason 5 and listed the relevant address as “6501 Lankershim Blvd., Burbank, CA 91606.” Reason 5 corresponds to the “[l]ocation where performance is required, or defendant resides” In Step 5 of the civil case cover sheet addendum, Plaintiff’s counsel certified that the case was properly assigned to the North Central District.

The action was originally filed in the Burbank Courthouse in the North Central District, but was reassigned by the court to the Alhambra Courthouse in the Northeast District on February 5, 2024.

Plaintiff contends they discovered Defendants reside and are domiciled in Santa Monica, rendering the Santa Monica Courthouse in the West District the correct filing location. (Gerber Decl. ¶ 4.) Based upon Defendants’ asserted Santa Monica residence, the Santa Monica Courthouse, Beverly Hills Courthouse, or Stanley Mosk Courthouse, were the permissible filing locations for this action. (LASC Local Rules, rule 2.3(a)(1)(B).) Additionally, the parties “agree that this action should have been filed in Santa Monica . . . since the Defendants reside in that venue.” (Gerber Decl. Ex. A.)

The Court finds the case was filed in an improper district and the motion is GRANTED.