Judge: Michelle Williams Court, Case: 23NWCV02213, Date: 2024-01-25 Tentative Ruling

Case Number: 23NWCV02213    Hearing Date: January 25, 2024    Dept: 1

23NWCV02213 PAULA JOHNSON vs CITY OF LONG BEACH, et al.

Defendant City of Long Beach’s Unopposed Motion to Transfer Case to the Appropriate Judicial District 

TENTATIVE RULING:  Defendant City of Long Beach’s Motion to Transfer Case to the Appropriate Judicial District is GRANTED and 23NWCV02213 is ordered reassigned to the Governor George Deukmejian Courthouse in the South District of the Los Angeles Superior Court.  Notice of case reassignment shall issue shortly.  Clerk to give notice.

On July 17, 2023, Plaintiff Paula Johnson filed this action against City of Long Beach, City of Lakewood, County of Los Angeles, Robert Locke, and Charlotte Locke arising out of allegations that Plaintiff struck a damaged portion of sidewalk while riding her bicycle, causing significant leg injuries. The complaint asserts causes of action for: (1) dangerous condition on public property; (2) premises liability; and (3) negligence.

On September 8, 2023, the court entered Plaintiff’s request for dismissal as to Defendant County of Los Angeles. On October 10, 2023, the court entered Plaintiff’s request for dismissal as to Defendant City of Lakewood.

On November 16, 2023, the parties’ submitted a stipulation to transfer the action to the South District of the Los Angeles Superior Court. On November 17, 2023, Judge Olivia Rosales issued an order denying the stipulation and directing the parties to file a motion in Department 1.  

Motion to Transfer Between Districts

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).) A transfer under the Local Rules is discretionary.

The Action Was Filed in the Wrong District and the Parties Stipulated to a Transfer

Defendant seeks to transfer this action from the Norwalk Courthouse in the Southeast District to the South District of the Los Angeles Superior Court. Defendant contends the case was filed in the wrong district under the applicable local rules.

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 1, which is inapplicable, and Reason 4, which corresponds to “Location where bodily injury, death or damage occurred.” Plaintiff listed the relevant address as “The rear of property located at  Street 100 feet from Gondar Tilbury Street, which is along side Carson Street, Lakewood, CA 90712.” The complaint also alleges the injury occurred “on the sidewalk to the rear of private property located at 5742 Tilbury Street, Lakewood, CA 90713, which is alongside Carson Street. (Compl. at 2:4-6.)

In Step 5 of the civil case cover sheet addendum, where the filing party is asked to certify the proper filing location, Plaintiff’s counsel indicated the Southeast District was the appropriate filing location.

Pursuant to Local Rule 2.3(a)(1)(A), “[e]very unlimited civil tort action for bodily injury,

wrongful death, or damage to personal property (hereinafter referred to as ‘Personal Injury Action’) must be filed in the judicial district where the incident arose. The filing court locator on the Los Angeles Superior Court website (www.lacourt.org) should be used to determine the appropriate filing location.”

Counsel for Defendant states in his declaration that “[a]fter the Answer was filed and further investigation, defense counsel learned that the sidewalk where cause of action arose is actually within a public right of way within the City of Long Beach, which is in the South District.” (Zinger Decl. ¶ 3.) The parties agree the proper district is the South District and provided a stipulation for the transfer between Plaintiff and Defendant City. (Id. ¶ 4, Ex. A.) Using Long Beach as the city in filing court locator yields a result for the  Governor George Deukmejian Courthouse in the South District for all unlimited civil actions. Accordingly, the case was filed in the wrong district and the motion is GRANTED.