Judge: Theresa M. Traber, Case: 25STCV05812, Date: 2025-05-01 Tentative Ruling

Case Number: 25STCV05812    Hearing Date: May 1, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 1, 2025               TRIAL DATE: NOT SET

CASE:                         Bryan Dempis-Hood, et al. v. Volkswagen Group of America, Inc., et al.

CASE NO.:                 25STCV05812           

MOTION TO TRANSFER VENUE

MOVING PARTY:               Defendant Fletcher Jones Motor Cars, Inc.

RESPONDING PARTY(S): Plaintiffs Bryan and Nikita Dempis-Hood

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a lemon law action filed on March 3, 2025. Plaintiffs purchased a 2022 Audi Q5 on January 23, 2022, which allegedly developed electrical, engine, and emission system defects.

Defendant Fletcher Jones Motor Cars, Inc. moves to transfer venue to Orange County.

TENTATIVE RULING:

Defendant Fletcher Jones Motor Cars, Inc. moves to transfer venue to Orange County. Defendant contended, in bringing this motion, that neither of the named Defendants had their headquarters or principal place of business in Los Angeles County. Plaintiffs, in response, contended that venue was proper in Los Angeles based on their dealings with Audi Beverly Hills, which Plaintiffs claimed was a fictitious business name used by Defendant Fletcher Jones. The moving Defendant categorically denied this contention, claiming that the two entities are unrelated, and that the proper entity doing business as Audu Beverly Hills is Jones BH Acquisition, LLC. Since that reply was filed, Plaintiffs have submitted a proposed amendment to the Complaint to correct an incorrect defendant designation making the corresponding substitution, and the Court has granted that amendment.

Accordingly, Fletcher Jones Motor Cars, Inc.’s Motion to Transfer is DENIED as moot.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  May 1, 2025                           ___________________________________

                                                                                    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.