Judge: Serena R. Murillo, Case: 21STCV38438, Date: 2023-03-16 Tentative Ruling

Case Number: 21STCV38438    Hearing Date: March 16, 2023    Dept: 29

TENTATIVE

Defendant California Department of Transportation’s unopposed motion to change venue is GRANTED.

Legal Standard

Government Code Section 955.2 states that “[n]otwithstanding any other provision of law, where the State is named as a defendant in any action or proceeding for death or injury to person or personal property and the injury or the injury causing death occurred within this State, the proper court for the trial of the action is a court of competent jurisdiction in the county where the injury occurred or where the injury causing death occurred. The court may, on motion, change the place of the trial in the same manner and under the same circumstances as the place of trial may be changed where an action is between private parties." 

Discussion

Defendant moves under Government Code section 955.2 to transfer venue to Inyo County. Defendant argues that Los Angeles County is an improper venue because the collision took place Inyo County.

As such, because the State is a defendant and the injury occurred within this state, the proper venue is in the county where the injury occurred. The vehicle collision at issue here occurred in Inyo County. (See State of California v. Superior Court (Vincent) (1965) 238 Cal.App.2d 691, 695; State of California v. Superior Court (Fuller) (1967) 252 Cal.App.2d 637, 643.)   Thus, Defendants’ motion to change venue to Inyo County is granted.

Conclusion

Accordingly, Defendant’s unopposed motion to change venue is GRANTED.   

Moving party is ordered to give notice.