Judge: Serena R. Murillo, Case: 22STCV40594, Date: 2023-10-24 Tentative Ruling

Case Number: 22STCV40594    Hearing Date: October 24, 2023    Dept: 31

TENTATIVE

Defendant YMCA of the East Valley, erroneously sued as Redlands Family YMCA’s unopposed motion to change venue is GRANTED.   

Legal Standard

“Venue is determined based on the complaint on file at the time the motion to change venue is made.”  (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.)  Plaintiff’s choice of venue is presumptively correct, and Defendant bears the burden of demonstrating that venue is not proper there.  (Battaglia Enterprises, Inc. v. Superior Court of San Diego County (2013) 215 Cal.App.4th 309, 313-14.)   

Where a complaint alleges injury to a person or personal property, venue is proper where some or all of the defendants reside. (Code Civ. Proc. § 395.) Where a complaint alleges personal injury “from wrongful act or negligence . . . the county where the injury occurs . . . shall be a proper county for the trial of the action.” (Cacciaguidi v. Superior Court (1990) 226 Cal.App.3d 181, 184-185.)

A party can move to transfer venue from a proper county to another county when the party can prove that such change of venue will promote convenience of witnesses and the ends of justice.  (CCP § 397(c); Peiser v. Mettler (1958) 50 Cal.2d 594, 607.)  The moving party must file affidavits or declarations that show (1) the names of each witness expected to testify for both parties, (2) the substance of their expected testimony, (3) whether the witness has been deposed or has given a statement, (4) the reasons why it would be inconvenient for the witnesses to appear, and (5) the reasons why the ends of justice would be promoted by a transfer to a different county.  (Juneau v. Juneau (1941) 45 Cal. App. 2d 14, 15-16.)   

Discussion

Defendant moves for transfer of venue to San Bernardino County on the grounds that this Court is not the proper court to hear this action, and additionally the convenience of the witnesses and the ends of justice would be promoted by such a change.

Plaintiff alleges that venue in Los Angeles is proper because Defendant YMCA of Metropolitan Los Angeles has its principal place of business there. (Fountain Decl., ¶ 5.) Plaintiff alleges that all instances of abuse occurred in San Bernardino County. (Id. at ¶ 9.) Defendant argues no answering Defendant resides in Los Angeles.

The Court notes that on October 11, 2023, Plaintiff dismissed YMCA of Metropolitan Los Angeles. As such, because the alleged injury at issue occurred in San Bernardino, and no Defendant resides in Los Angeles, Defendant’s motion to change venue to San Bernardino County is granted.

Conclusion

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

Venue is not proper pursuant to Code of Civil Procedure section 395. Proper venue lies in San Bernardino County.

Matter is ordered transferred to said county upon payment of the transfer fee in the sum of $50.00 payable to the Los Angeles Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to San Bernardino Superior Court, within 30 days by Plaintiff in the Clerk's Office at the Los Angeles Superior Court.

Moving party is ordered to give notice.