Judge: Steven A. Ellis, Case: 23STCV24477, Date: 2024-01-17 Tentative Ruling
Case Number: 23STCV24477 Hearing Date: January 17, 2024 Dept: 29
Motion to Transfer filed by Plaintiffs Trace Prafford and
Tami Prafford.
Tentative
The motion is GRANTED.
Background
On October
6, 2023, Trace Prafford and Tami Prafford (“Plaintiffs”) filed their complaint
against Trust-All Roofing, Inc, Tollhouse Village II Association, and Does 1 to
3 for three causes of action: (1) Violation of the Davis-Stirling Common
Interest Development Act, (2) Rosenthal Fair Debt Collection Practices Act, (3)
Unfair Competition Law, and (4) Negligence.
On
December 14, 2023, Plaintiffs filed the Motion to Transfer. No opposition has
been filed.
Legal
Standard
“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. If the action is for injury to person or personal
property or for death from wrongful act or negligence, the superior court in
either the county where the injury occurs or the injury causing death 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.” (CCP §395(a).)
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.”
Discussion
On
December 14, 2023, Plaintiffs filed the Motion to Transfer. No opposition has
been filed.
Plaintiffs
contends Defendant Trust All Roofing has not yet appeared but has requested to change
venue from Los Angeles County to Fresno County. (Motion, 2:10-11.) Both
Defendants and Plaintiffs reside in Fresno County, and the home at issue is
located in Fresno County. (Id., 2:11-13.) Defendant Trust All Roofing
signed on the motion, consenting to the requested transfer.
The
Court finds that Plaintiffs have made an adequate showing to transfer venue to
the Superior Court of Fresno County.
Accordingly, the Court GRANTS the Motion
to Transfer.
Conclusion
The Court GRANTS the Motion to Transfer.
The Court ORDERS Plaintiffs to pay all
necessary transfer fees (both in Los Angeles County Superior court and Fresno
County Superior Court).
Plaintiffs are ORDERED
to give notice.