Judge: Steven A. Ellis, Case: 22STCV24938, Date: 2023-06-29 Tentative Ruling

Case Number: 22STCV24938    Hearing Date: June 29, 2023    Dept: 29

TENTATIVE

Defendant State of 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 San Bernardino County. Defendant argues that Los Angeles County is an improper venue because the collision took place in San Bernardino 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 San Bernardino 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, Defendant’s motion to change venue to San Bernardino County is granted.

Conclusion

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

As this matter was subject to mandatory filing in San Bernardino County under Government Code section 955.2, Plaintiffs are ordered to pay all fees associated with the transfer (both in Los Angeles County Superior Court and in San Bernardino County Superior Court).

Moving party is ordered to give notice.