Judge: Steven A. Ellis, Case: 23STCV22051, Date: 2025-03-07 Tentative Ruling

Case Number: 23STCV22051    Hearing Date: March 7, 2025    Dept: 29

Tutakhil v. Russ
23STCV22051
Defendant’s Motion to Transfer Venue to Alameda County Superior Court

Tentative

The motion is granted.

Background

On September 12, 2023, Plaintiff Suhall Tutakhil (“Plaintiff”) filed a complaint against Defendants Jill Russ (“Defendant”) and Does 1 to 20, asserting causes of action for motor vehicle negligence and general negligence arising out of an accident on October 26, 2019.  Plaintiff alleges that the accident occurred at or near the intersection of Park Street and Lincoln Avenue but does not allege the city or county of the accident location.

On February 5, 2025, Defendant filed this motion to transfer venue to Alameda County Superior Court.

No opposition has been filed.

Legal Standard

“Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).) “If the action is for injury to person or personal property ... or negligence, the superior court in either the county where the injury occurs or ... the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Ibid.)

Code of Civil Procedure section 397 provides that 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; (b) when there is reason to believe that an impartial trial cannot be had therein; (c) when the convenience of the witnesses and the ends of justice would be promoted by the change; or (d) when from any cause there is no judge of the court

qualified to act. (Code Civ. Proc., § 397, subds. (a)-(d).)

Discussion

Defendant presents evidence that the Plaintiff and Defendant are both residents of Alameda County and that the accident occurred in Alameda County. (Desalernos Decl., ¶¶ 2-3 & Exh. A.) There is no contrary evidence in the record.

The Court finds that the accident occurred in Alameda County and the Defendant resides in Alameda County. Accordingly, venue is not proper in Los Angeles County and is proper in Alameda County.

The motion is granted.

Conclusion

The Court GRANTS Defendant’s motion to transfer venue to Alameda County Superior Court.

Pursuant to Code of Civil Procedure section 399, subdivision (a), the Court ORDERS Plaintiff to pay all transfer fees. 

The Court ORDERS Defendant to give notice.