Judge Michelle Williams Court, Case Number: 24STCV15204, Date: 2024-10-10 Tentative Ruling

Judge: Michelle Williams Court, Case: 24STCV15204, Date: 2024-10-10 Tentative Ruling

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Case Number: 24STCV15204 Hearing Date: October 10, 2024 Dept: 1

24STCV15204 JANE ROE A.T. vs PALMDALE SCHOOL DISTRICT

Defendant’s Unopposed Motion to Transfer Case to the North District of the Los Angeles Superior Court

TENTATIVE RULING: The motion is GRANTED and 24STCV15204 is ordered reassigned to the Michael D. Antonovich Antelope Valley Courthouse in the North District of the Los Angeles Superior Court. Clerk to give notice.

On June 18, 2024, Plaintiff Jane Roe A.T. (“Plaintiff”) filed a Complaint against Defendant Palmdale School District (“Defendant”) arising out of alleged sexual abuse perpetrated against Plaintiff during her time as a student. The complaint asserts causes of action for: (1) negligent hiring, supervision, and retention of unfit employee; (2) failure to report suspected child abuse; (3) negligent supervision of a minor; and (4) negligence.

On June 18, 2024, this action was assigned to the Honorable Randolph M. Hammock sitting in Department 49 at Stanley Mosk Courthouse.

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 Parties Agree that a Transfer is Proper and a Transfer is Warranted

Defendant seeks to transfer this action to the Michael D. Antonovich Antelope Valley Courthouse in the North District. The case is currently assigned to Department 49 of the Stanley Mosk Courthouse, which sits in the Central District of the Los Angeles Superior Court. (LASC Local Rules, rule 2.2(b).)

“Every unlimited civil tort action for bodily injury, wrongful death, or damage to personal property (hereinafter referred to as a “Personal Injury Action”) must be filed in the judicial district where the incident arose.” (LASC Local Rules, rule 2.3(a)(1)(A).) “A Personal Injury Action is an unlimited civil case described on the Civil Case Cover Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal Injury/Property Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death-Uninsured Motorist; Product Liability . . . Intentional Bodily Injury/Property Damage/Wrongful Death; or Other Personal Injury/Property Damage/Wrongful Death.” (LASC Local Rules, rule 2.3(a)(1)(A).) “An action for intentional infliction of emotional distress, defamation, civil rights/discrimination, or malpractice . . . is not included in this definition.” (LASC Local Rules, rule 2.3(a)(1)(A).) “Every class action must be filed in the Central District.” (LASC Local Rules, rule 2.3(a)(1)(A).)

Here, the Civil Case Cover Sheet Addendum and Statement of Location filed by Plaintiff indicates that this action is a personal injury action (See Civil Case Cover Sheet Addendum and Statement of Location at p. 1) and is a class action (See Civil Case Cover Sheet Addendum and Statement of Location at p. 1) and was therefore properly filed in the Central District. However, on the Civil Case Cover Sheet, Plaintiff checked a box stating that this action is not a class action. (See Civil Case Cover Sheet at p. 1.) Plaintiff’s counsel certified that this action was properly filed in the Central District. (See Civil Case Cover Sheet Addendum and Statement of Location at p. 5.)

Defendant’s counsel, Louis R. Dumont (“Dumont”), declares that Plaintiff erroneously completed the Civil Case Cover Sheet and Addendum and Statement of Location, so this action was improperly assigned under Local Rule 2.3(a)(1). (Dumont Decl. ¶ 3.) The actions giving rise to the complaint took place at a school located in Palmdale, CA. (Dumont Decl. ¶¶ 4-5.) Plaintiff is only seeking personal injury damages in this action. (Dumont Decl. ¶ 7.) Plaintiff erroneously identified this matter as a class action on the Civil Case Cover Sheet Addendum and Statement of Location. (Dumont Decl. ¶ 8.) Defendant requests that this action be transferred to the Michael Antonovich Antelope Valley Courthouse for reassignment to a civil department in the North District as Defendant is located within the jurisdiction of this Court. (Dumont Decl. ¶ 9.)

In her notice of non-opposition, Plaintiff indicates that she does not oppose the motion and “stipulates that the filing court locator on the Los Angeles Superior Court website yields a result for Michael Antonovich Antelope Valley Courthouse in the North District as the appropriate filing location for Plaintiff’s lawsuit arising in the city of Palmdale with the zip code of 93550.” (Plaintiff’s Notice of Non-Opposition ¶ 4.) According to Plaintiff, “[d]ue to an inadvertent clerical error at the time of filing on June 18, 2024, Plaintiff improperly specified [the] Central District as the appropriate filing location, which resulted in the assignment of this action to Department 49 of the Stanley Mosk Courthouse.” (Plaintiff’s Notice of Non-Opposition ¶ 5.)

Both parties agree that the proper filing location for this action is the Michael D. Antonovich Antelope Valley Courthouse, which is in the North District. Pursuant to the filing rules enumerated in LASC Local Rules 2.3(a)(1)(A) and the filing locator available on the court’s website, Plaintiff’s unlimited civil action should have been filed in the Michael D. Antonovich Antelope Valley Courthouse in the North District. Accordingly, Defendant is seeking a transfer to a proper district under the Local Rules. Additionally, the Court agrees with the parties that this action was filed in the wrong district.