Judge: Theresa M. Traber, Case: 23STCV25637, Date: 2024-02-01 Tentative Ruling

Case Number: 23STCV25637    Hearing Date: February 1, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     February 1, 2024                   TRIAL DATE: NOT SET

CASE:                         Mural Media, LLC 401k Plan v. Linda J. Maultsby

CASE NO.:                 23STCV25637           

MOTION TO TRANSFER VENUE

MOVING PARTY:               Defendant Linda J. Maultsby

RESPONDING PARTY(S): Plaintiff Mural Media, LLC 401k Plan

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an unlawful detainer action that was filed on October 20, 2023. Plaintiff alleges that Defendant refused to permit an inspection of her rental unit which was necessary for Plaintiff to complete a sale of the property to a third party.

Defendant moves to transfer venue.

TENTATIVE RULING:

Defendant’s Motion to Transfer Venue is DENIED.

DISCUSSION:

Defendant moves to transfer venue under the Court’s discretionary authority 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: 

(a)¿When the court designated in the complaint is not the proper court. 

. . . 

(c)¿When the convenience of witnesses and the ends of justice would be promoted by the change. 

(Code Civ. Proc. § 397(a), (c).) Defendant contends that three material witnesses reside in Marin County, Sonoma County, and Orange County, and that it would be more convenient for these witnesses to transfer the matter to a different venue. Defendant fails to specify to which venue she seeks to transfer this case, and, in any event, her argument is premature. “The court will not entertain a motion for change of venue on the ground of convenience of witnesses when the defendant has not filed an answer, for the reason that until the issues are joined the court cannot determine what testimony will be material.” (Cholakian & Associates v. Superior Court (2015) 236 Cal.App.4th 361, 368.)  Defendant has not filed an answer to the Complaint. Thus, under binding precedent, the Court cannot entertain a request to transfer venue on this basis.

CONCLUSION:

            Accordingly, Defendant’s Motion to Transfer Venue is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  February 1, 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.