Judge: Theresa M. Traber, Case: 23STCV23996, Date: 2024-10-10 Tentative Ruling

Case Number: 23STCV23996    Hearing Date: October 10, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 10, 2024                   TRIAL DATE: NOT SET

CASE:                         LVNV  Funding LLC as assignee of WebBank v. Bradley Wolf

CASE NO.:                 23STCV23996           

MOTION TO TRANSFER VENUE

MOVING PARTY:               Plaintiff LVNV Funding LLC

RESPONDING PARTY(S): No response on eCourt as of 10/7/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a collection action that was filed on October 3, 2023. Plaintiff alleges that Defendant has defaulted on a loan agreement executed by Plaintiff’s assignor.

Plaintiff moves to transfer venue to Orange County.

TENTATIVE RULING:

Plaintiff moves to transfer venue to Orange County pursuant to Code of Civil Procedure section 397.

Code of Civil Procedure section 397 grants the Court discretionary authority to change the place of trial in certain cases, including, as relevant here “[w]hen the court designated in the complaint is not the proper court.” (Code Civ. Proc. § 397(a).) 

On determining the proper court in which to file an action, Code of Civil Procedure section 395(a) provides: 

(a)¿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. 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. . . . Subject to subdivision (b), if a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of the action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred is the county where it is to be performed, unless there is a special contract in writing to the contrary. . . . 
 

(Code Civ. Proc. § 395(a) (bold emphasis added).)

Plaintiff requests that the Court exercise its discretionary authority to transfer this action to Orange County on the grounds that Defendant resides in Aliso Viejo, in Orange County, rather than in Los Angeles. (Declaration of Gloria Zarco ISO Mot. ¶¶ 3-4.) It is not entirely clear from the papers why Plaintiff has sought to transfer this action rather than simply dismissing the action and re-filing in Orange County. However, Plaintiff’s choice of venue is presumptively correct. (E.g., Pesses v. Superior Court (1980) 107 Cal.App.3d 117, 124.) Therefore, based on Plaintiff’s affirmative and express representations that the proper venue is Orange County rather than Los Angeles, the Court will exercise its authority to order this action transferred.

Accordingly, Plaintiff’s Motion to Transfer Venue to Orange County is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  October 10, 2024                                ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.