Judge: Olivia Rosales, Case: 22NWCV00422, Date: 2022-08-31 Tentative Ruling

Case Number: 22NWCV00422    Hearing Date: August 31, 2022    Dept: SEC

BAY CITIES CONTAINER CORPORATION v. PFLUG PACKAGING & FULFILLMENT, INC.

CASE NO.:  22NWCV00422

HEARING:  08/31/22

JUDGE:  OLIVIA ROSALES

#5

TENTATIVE ORDER

Defendant PFLUG PACKAGING & FULFILLMENT, INC.’s motion to transfer venue is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 29, 2022.

This breach of contract action was filed by Plaintiff BAY CITIES CONTAINER CORPORATION on May 31, 2022.

Defendant moves to transfer this action from Los Angeles County to San Joaquin County pursuant to CCP §397(a), contending that this action should have been filed in San Joaquin County rather than Los Angeles County. “The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court.” (CCP §397(a).) As the moving party seeking an order transferring venue on “wrong court” grounds, Defendant bears the burden of demonstrating that Los Angeles County was not the proper county in which to file this action, and that venue is proper in another county. (See Mission Imports, Inc. v. Sup. Ct. (1982) 31 Cal.3d 921, 928.) In order to satisfy that burden, Defendant must both (i) negate all possible grounds for proper venue in Los Angeles County; and (ii) show that venue is proper in the county to which it seeks to have the action transferred. (See Easton v. Sup. Ct. (1970) 12 Cal.App.3d 243, 245-246.)

“Subject to the power of the court to transfer actions or proceedings…in an action arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use…the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at the commencement of the action is the proper court for the trial of the action.” (CCP §395.) “A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.” (CCP §395.5.)

In support of its Motion, Defendant proffers the following facts and evidence: Plaintiff resides in Los Angeles County, California. (Complaint ¶5.)  Defendant’s principal place of business is in San Joaquin County, California. (Hilliard Decl., Ex. A.) The disputed work under the contract in dispute was performed in San Joaquin County. (See Hilliard Decl., ¶4.) 

Defendant’s motion is GRANTED. Under either CCP §395 or CCP §395.5, Defendant has shown that venue is proper in San Joaquin County where: Defendant’s principal place of business is in San Joaquin County, and Defendant’s alleged liability arose in San Joaquin County. 

Defendant requests an award of attorney’s fees pursuant to CCP §396b(b). “In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney’s fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action. IN determining whether that order for expenses and fees shall be made, the court shall take into consideration (1) whether an offer to stipulate to change of venue was reasonably made and rejected, and (2) whether the motion or selection of venue was made in good faith given the facts and law the party making the motion or selecting the venue knew or should have known. As between the party and his or her attorney, those expenses and fees shall be the personal liability of the attorney not chargeable to the party. Sanctions shall be imposed pursuant to this subdivision except on notice contained in a party’s papers, or on the court’s own noticed motion, and after opportunity to be heard.” (CCP §396b(b).)

Defendant’s Request for Reasonable Expenses and Attorney’s Fees is GRANTED. Plaintiff’s Counsel of Record is ORDERED to pay Defendant and its Counsel of Record sanctions in the amount of $4,500.00 within 30 days of this Court’s ruling.