Judge Olivia Rosales, Case 22NWCV00313 2022-09-29 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00313, Date: 2022-09-29 Tentative Ruling

Case Number: 22NWCV00313 Hearing Date: September 29, 2022 Dept: SEC

AGUILA v. FIRST AMERICAN TITLE INSURANCE COMPANY

CASE NO.: 22NWCV00313

HEARING: 09/29/22

TENTATIVE ORDER

Defendant FIRST AMERICAN TITLE INSURANCE COMPANY’s unopposed motion to transfer venue is GRANTED.

Moving Party to give Notice.

No Opposition filed as of September 27, 2022.

This breach of contract action was filed by Plaintiff HENRY AGUILA (“Plaintiff”) (pro per) on April 25, 2022.

Defendant FIRST AMENRICAN TITLE INSURANCE COMPANY (“Defendant”) moves to transfer this action from Los Angeles County to Santa Barbara County pursuant to CCP §397(a). Defendant argues Plaintiff’s claims are based on a Title Policy which was negotiated and issued in Santa Barbara, and the terms of which were litigated in Santa Barbara. Defendant further contends that the Santa Barbara Superior Court retained jurisdiction over the subject matter of this lawsuit.

“If a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of this action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred in the county where it is to be performed, unless there is a special contract in writing to the contrary.” (CCP §395(a).)

In support of its Motion, Defendant proffers the following evidence: the Tile Policy was negotiated, issued, and entered into in Santa Barbara; there is a related Settlement Agreement to be performed in Santa Barbara County; and the Santa Barbara Superior Court retained jurisdiction to enforce the Settlement Agreement. (See Egerer Decl., ¶¶4-5.)

For all of the reasons articulated above, this case belongs in Santa Barbara Superior Court. Defendant’s Motion is GRANTED. Also, pursuant to CCP §399(a), Plaintiff is ORDERED to pay Defendants all transfer costs and fees.

Defendant is ORDERED to submit a memorandum of costs within 20 days of the Court’s issuance of this ruling. Plaintiff is then ORDERED to pay Defendant all transfer costs and fees within 30 days of this Court’s issuance of a ruling on Defendant’s memorandum of costs.