Judge Michelle Williams Court, Case Number: 23STCV08263, Date: 2024-01-11 Tentative Ruling

Judge: Michelle Williams Court, Case: 23STCV08263, Date: 2024-01-11 Tentative Ruling

Case Number: 23STCV08263 Hearing Date: January 11, 2024 Dept: 1

23STCV08263 TERESA GUZZARDO, et al. vs JIFFY LUBE INTERNATIONAL

Alamitos Enterprises, LLC and Jiffy Lube International, Inc.’s Motion to Transfer Venue to the Proper Judicial District Pursuant to Los Angeles County Superior Court Local Rule 2.3(A)(1)(A)

TENTATIVE RULING: Alamitos Enterprises, LLC and Jiffy Lube International, Inc.’s Motion to Transfer Venue to the Proper Judicial District Pursuant to Los Angeles County Superior Court Local Rule 2.3(A)(1)(A) is GRANTED and 23STCV08263 is ordered reassigned to the Norwalk Courthouse in the Southeast District of the Los Angeles Superior Court. Notice of case reassignment shall issue shortly. Clerk to give notice.

On April 13, 2023, Plaintiffs Teresa Guzzardo and Giovanni Guzzardo, by and through his Guardian ad Litem Janaki Nair, filed this action against Defendants Jiffy Lube International, Inc. and Alamitos Enterprises, LLC arising out of a motor vehicle collision. The complaint alleges John Guzzardo was killed when Symone Gallegos, an employee of Defendants, consumed alcohol within the course and scope of her employment and soon thereafter caused her vehicle to collide with John Guzzardo’s vehicle head-on resulting in his death. The complaint alleges the collision occurred on June 4, 2021 on South Street near Gondar Avenue in Lakewood, California, County of Los Angeles.

On November 16, 2023, the parties’ submitted a stipulation to transfer the action to the Norwalk Courthouse, which was rejected for filing by the court clerk with instructions to file a motion in Department 1.

Motion

On December 12, 2023, Defendants Jiffy Lube International, Inc. and Alamitos Enterprises, LLC filed the instant motion seeking to transfer the action to the Norwalk Courthouse in the Southeast District.

On December 22, 2023, Plaintiffs filed a Notice of Non-Opposition and therefore the motion is unopposed.

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

Defendants seek to transfer this action from the Spring Street Courthouse in the Central District to the Norwalk Courthouse in the Southeast District. Defendants contend 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 4, which corresponds to “Mandatory personal injury filing in North District” and listed the relevant address as “South Street 100 feet from Gondar Avenue, Lakewood, CA 90713.” The complaint also alleges the collision at issue occurred on South Street near Gondar Avenue in Lakewood, California, County of Los Angeles. (Compl. ¶ GN-1.) Defendants provided a copy of the Traffic Collision Report, which further indicates the collision occurred in Lakewood. (Van Blarcom Decl. ¶ 3, Ex. B.)

In Step 5 of the civil case cover sheet addendum, where the filing party is asked to certify the proper filing location, plaintiffs’ counsel indicated the Central 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.”

As noted above, the pleadings and evidence indicate the incident arose in Lakewood. Using Lakewood as the city in filing court locator yields a result for the Norwalk Courthouse, in the Southeast District, for all unlimited civil actions. Accordingly, the case was filed in the wrong district and the motion is GRANTED.

The Court notes Plaintiff filed a Notice of Related Case on December 22, 2023 involving 23STCV08263 and 22STCV14904 Guzzardo v. Gallegos. Both cases are presently assigned to Department 27 of the Spring Street Courthouse and therefore no action was required on the Notice. (Cal. R. Ct., rule 3.300(h)(1)(A) (“Where all the cases listed in the notice are unlimited civil cases, or where all the cases listed in the notice are limited civil cases, the judge who has the earliest filed case must determine whether the cases must be ordered related and assigned to his or her department.”).) The Court’s order herein is without prejudice to the appropriate judicial officer determining whether the cases should be related pursuant to Rule 3.300 and returned to the Stanley Mosk Courthouse pursuant to an order relating the two cases.