Judge: Michelle Williams Court, Case: 23GDCV01509, Date: 2023-11-29 Tentative Ruling

Case Number: 23GDCV01509    Hearing Date: November 29, 2023    Dept: 1

23GDCV01509           1753 HILL LLC vs IN VEIN - 5 DEGREE

Motion of Defendants, Pursuant to Stipulation Between All Parties, for Change of Venue

TENTATIVE RULING:  Motion of Defendants, Pursuant to Stipulation Between All Parties, for Change of Venue is GRANTED and 23GDCV01509 is ordered reassigned to the Stanley Mosk Courthouse in the Central District of the Los Angeles Superior Court.  Notice of case reassignment shall issue shortly.  Clerk to give notice.

Defendants seek to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department D of the Glendale Courthouse, which sits in the North Central District of the Los Angeles Superior Court. (LASC Local Rules, rule 2.2(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 Reasons 5 and 9 and listed the relevant address as “2247 Miravista Ave., Suite C, Montrose, CA 91020. Reason 5 corresponds to the “[l]ocation where performance is required, or defendant resides” and Reason 9 corresponds to the [l]ocation where one of more of the parties’ reside.”

Plaintiff’s counsel did not complete Steps 2, 3, or 5 of the civil case cover sheet addendum,  where the filing party is asked to identify the type of action, the “applicable reasons,” and certify the proper filing location.

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).” In the civil case cover sheet addendum, the applicable location reasons for a case type designated as a “breach of contract/warranty (06)” are Reasons 1 (class actions), Reason 2 (permissive filing in Central District), and Reason 5.

The complaint alleges Defendant In Vein – 5 Degree is based in Montrose. (FAC ¶ 2.) 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.” Based upon the allegation in the complaint and the Montrose address listed on the civil case cover sheet addendum, the Glendale Courthouse was one proper filing location.

However, Plaintiff’s complaint may also have been filed in the Central District as a permissive filing location. (LASC Local Rule 2.3(a)(1)(B).) Additionally, the parties agree “the underlying transactions transpired and took place in Downtown Los Angeles[,] most, if not all, witnesses work or reside at or near Downtown Los Angeles,” and stipulated to transfer the case to the Central District. (Tabibi Decl. Ex. 1.)

Based upon the information provided and the stipulation of the parties, the motion is GRANTED.