Judge: Michelle Williams Court, Case: 23GDCV01177, Date: 2023-11-09 Tentative Ruling

Case Number: 23GDCV01177    Hearing Date: November 9, 2023    Dept: 1

23GDCV01177          KASHIF KHAN vs MERCEDES-BENZ USA, LLC

Defendant’s Unopposed Motion to Transfer Venue

TENTATIVE RULING: Defendant Mercedes-Benz USA, LLC’s Motion to Transfer Venue is GRANTED and 23GDCV01177 is ordered reassigned to the Pomona Courthouse South in the East District of the Los Angeles Superior Court.  Notice of the case reassignment shall issue shortly.  Moving party to give notice.

Defendant seeks to transfer this action from the North Central District to the East District based upon the convenience of witnesses and the ends of justice. (Mot. at 4:1-5:27.)

On the Civil Case Cover Sheet Addendum and Statement of Location, Plaintiff’s counsel certified that the Glendale Courthouse was the proper filing location based upon the address 330 N. Brand Blvd., Glendale, CA 91203 and the stated reason that it is the “[l]ocation where cause of action arose.”

The complaint alleges “Plaintiff leased a 2020 Mercedes-Benz S560, having VIN No.: WDDUG8DB8LA520555” on February 19, 2021. (Compl. ¶ 9.) Defendant’s counsel provides the lease agreement for Plaintiff’s vehicle and indicates Plaintiff entered into the lease agreement at Mercedes-Benz of West Covina, located at 2010 E Garvey Ave S, West Covina, CA 91791. (Farner Decl. ¶ 2, Ex. 2.) Defendant’s counsel also states: “[w]hile additional individuals may be identified at a later date, known employees who would benefit from the requested change of venue include Service Advisors Jesenia Hernand and Rian Liu, as well as technicians identified within vehicle repair orders by the assigned numbers #20106 and #20999. These Service Advisors and technicians will provide essential descriptions of the repairs they performed, their communications with Plaintiff and other individuals who operated the Vehicle, and policies and procedures regarding warranty claims and reimbursement.” (Farner Decl. ¶ 5.) Defendant provides repair orders showing additional repairs at Mercedes-Benz of West Covina and the technicians who performed the same. (Farner Decl. ¶ 5, Ex. 3.)

The complaint does not demonstrate any basis for filing the action in the Glendale Courthouse. Pursuant to Los Angeles Superior Court 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.” Defendant notes “there is absolutely no connection between the alleged facts in this action and Glendale. Plaintiff did not purchase the relevant vehicle in Glendale, never presented the vehicle for repair in Glendale, and no witnesses or parties are located in Glendale.” (Mot. at 5:23-25.) The evidence before the Court demonstrates Plaintiff entered into the lease agreement in West Covina, took possession of the vehicle from Mercedes-Benz of West Covina, and several repairs were attempted at Mercedes-Benz of West Covina. Entering the city of West Covina and the zip code 91791 into the court filing locater provides that all unlimited civil actions arising out of that location should be filed in the Pomona Courthouse South. Accordingly, Defendant provides evidence demonstrating the Pomona Courthouse South is a proper filing location.

Moreover, Defendant has provided the names of necessary witnesses and sufficient facts to create a reasonable inference that trial closer to their place of work would be more convenient and serve the ends of justice. (Farner Decl. ¶ 5; See generally Willingham v. Pecora (1941) 44 Cal.App.2d 289, 293 (“It doubtless often occurs that the convenience of witnesses would be promoted by their testifying in a [district] where they are ‘stationed’ or actually engaged in performing services in their chosen profession. . . . Surely the fact that these highway patrolmen were assigned to the Bakersfield locality would justify the trial court in drawing the inference that their convenience would not be promoted by requiring them to leave the locality where their duty required their attention during the progress of the trial which might be protracted.”); Flanagan v. Flanagan (1959) 175 Cal.App.2d 641, 645 (noting relevant witness information includes “if employed where, when, by whom, or the nature of their employment . . .”).)

The Court finds the evidence submitted by Defendant is sufficient to demonstrate the convenience of witnesses and the ends of justice will be promoted by transferring the action to the Pomona Courthouse South. “Convenience of witnesses is shown by the fact that the residence of [] the witnesses is in the [district] to which the transfer of the cause is requested. A conclusion that the ends of justice are promoted can be drawn from the fact that by moving the trial closer to the residence of the witnesses, delay and expense in court proceedings are avoided and savings in the witnesses' time and expenses are effected.” (Pearson v. Superior Court, City and County of San Francisco (1962) 199 Cal.App.2d 69, 77.) Here, the only evidence before the court demonstrates Plaintiff obtained the vehicle in West Covina, attempted several repairs in West Covina, and necessary witnesses are employed in West Covina, which is significantly closer to the Pomona Courthouse South than the Glendale Courthouse. Plaintiff did not oppose the motion and stipulated to the transfer. “Where there is a showing that the . . . ends of justice will be promoted by the change and there is absolutely no showing whatever to the contrary, a denial of the motion to change venue is an abuse of discretion, there being no conflict of evidence to sustain the decision of the trial court.” (Pearson, supra, 199 Cal.App.2d at 78.)

Conclusion

Defendant Mercedes-Benz USA, LLC’s Motion to Transfer Venue is GRANTED and 23GDCV01177 is ordered reassigned to the Pomona Courthouse South in the East District of the Los Angeles Superior Court.

Notice of the case reassignment shall issue shortly.

Moving party to give notice.