Judge: Steven A. Ellis, Case: 23STCV13561, Date: 2024-01-08 Tentative Ruling

Case Number: 23STCV13561    Hearing Date: January 8, 2024    Dept: 29

Motion to Transfer filed by Defendant Ae Soon Kim.

Tentative

Motion is GRANTED.

Background

On June 13, 2023, Derrick Mann (“Plaintiff”) filed his complaint against Ae Soon Kim (“Defendant”) and Does 1 to 100 for three causes of action: (1) Motor Vehicle Negligence, (2) Negligent Infliction of Emotional Stress, and (3) Negligent Entrustment.

On December 1, 2023, the parties entered a stipulation to transfer this matter to the Superior Court of California, County of Contra Costa.

On December 4, 2023, Defendant filed the Motion to Transfer. No opposition has been filed.

Legal Standard

Pursuant to CCP §396b(a), “Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.”

“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.” (CCP §396b(b).)

Discussion

On December 1, 2023, the parties entered a stipulation to transfer this matter to the Superior Court of California, County of Contra Costa.

On December 4, 2023, Defendant filed the Motion to Transfer pursuant to Code of Civil Procedure, section 396b.  No opposition has been filed.

Defendant resided in Contra Costa County at the time the complaint was filed. (Daley Decl., ¶ 5.)

Based on the agreement of the parties, and good cause appearing therefor, the motion is GRANTED.

Conclusion

The Court GRANTS the Motion to Transfer under Code of Civil Procedure section 396b.

Pursuant to Code of Civil Procedure section 399, subdivision (a), Plaintiff is ORDERED to pay all fees associated with the transfer, both in this Court and in the Superior Court of Contra Costa County

Moving Party is ORDERED to give notice.