What is a Motion to Transfer Venue?

Useful Resources for Motion to Transfer Venue

Recent Rulings on Motion to Transfer Venue

PAUL JOHN DENHAM VS. K POWELL

Villasenor, (collectively "Defendants") to transfer venue to the Superior Court of California, County of Fresno is DENIED. The alternative request to transfer venue to the Superior Court of California, County of King is DENIED. Defendants present four separate arguments supporting their request for venue. Plaintiff Paul John Denham ("Plaintiff") opposes the motion.

  • Hearing

    Jan 13, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

RANJAN BHAYANI VS PREMIER AUTOMOTIVE OF BUENA PARK, LLC, ET AL.

On November 30, 2020, Defendants filed a motion to transfer venue to the Superior Court of the State of California, County of Orange. Trial is set for November 5, 2021. PARTY’S REQUEST Defendants request an order transferring the venue of this action to the Superior Court of the State of California, County of Orange pursuant to Code of Civil Procedure Section 397, subdivision (c).

  • Hearing

    Jan 11, 2021

REBECCA DUCHSHERER VS RESORT VACATIONS, INC.

On September 4, 2020, Wheeler advised that “[p]er our emails, we were ultimately unable to reach an agreement on a stipulation to transfer venue” and requested that Defendant “please file a Motion to Transfer Venue or Answer within the next thirty (30 days” to avoid Plaintiff seeking a default on October 4, 2020. (Id.)

  • Hearing

    Jan 11, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

CHRISTOPHER J YUHAS, ET AL. VS DISCOUNT NUTRITION LLC, ET AL.

Code § 20020 Breach of fiduciary duty Breach of obligation of good faith and fair dealing Intentional interference with contractual relations Breach of contract Unjust enrichment Unfair business practices On September 16, 2020, this Court denied OC Discount’s Motion to Quash Service On December 7, 2020, this Court granted Plaintiffs’ Motion to Transfer Venue to Orange County, CA. On December 18, 2020, Plaintiffs filed the instant Ex Parte Application to Stay Arbitration.

  • Hearing

    Jan 07, 2021

  • Type

    Business

  • Sub Type

    Intellectual Property

THE BLT TRUST VS WILLS

Defendants argue that this Court is "not the proper court," which is grounds to transfer venue on a discretionary basis. Defendants argue that the instant court is not the proper court citing Walt Disney Parks & Resorts U.S., Inc. v. Superior Court (2018) 21 Cal.App.5th 872. That case, however, only held that the waiver of the ability to bring a motion to transfer venue under Code Civ. Proc. § 396b does not correspondingly waive the ability to bring a motion to transfer venue under Code Civ.

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Contract - Other

DIXON VS KOHROGI

Conclusion Defendants' motion to transfer venue to Los Angeles County is GRANTED. Defendants' request for fees is granted. Defendants are directed to serve notice on all parties within two court days of this ruling.

  • Hearing

    Jan 07, 2021

  • Type

    Business

  • Sub Type

    Intellectual Property

PACIFIC RIM CULTURAL FOUNDATION V. LEHMER

Lehmer’s (“Defendant”) motion to transfer venue to Cook County, Illinois and to dismiss this action for lack of jurisdiction is DENIED, as follows. (C.C.P. secs. 396b, 397.) As a preliminary matter, Defendant provided no supporting declaration(s) to authenticate the promissory note exhibit upon which he solely relies for its motion to transfer venue outside of California and to dismiss this action.

  • Hearing

    Jan 07, 2021

LOGAN FOSTER VS MNG ENTERPRISE, A CALIFORNIA CORPORATION, ET AL.

Defendant MNG Enterprise and Stone Services Inc’s motion to transfer venue to Orange County is DENIED. On October 2, 2020, Plaintiff Logan Foster filed the instant breach of contract/fraud suit against Defendants MNG Enterprise, Puffy Delivery Inc., Stone Services Inc. The operative First Amended Complaint alleges that Defendants operate an online ordering platform and delivery service for cannabis products.

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

THE BLT TRUST VS WILLS

Defendants argue that this Court is "not the proper court," which is grounds to transfer venue on a discretionary basis. Defendants argue that the instant court is not the proper court citing Walt Disney Parks & Resorts U.S., Inc. v. Superior Court (2018) 21 Cal.App.5th 872. That case, however, only held that the waiver of the ability to bring a motion to transfer venue under Code Civ. Proc. § 396b does not correspondingly waive the ability to bring a motion to transfer venue under Code Civ.

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Contract - Other

DIXON VS KOHROGI

Conclusion Defendants' motion to transfer venue to Los Angeles County is GRANTED. Defendants' request for fees is granted. Defendants are directed to serve notice on all parties within two court days of this ruling.

  • Hearing

    Jan 07, 2021

  • Type

    Business

  • Sub Type

    Intellectual Property

GUTIERREZ VS FIRE SPRINKLER SYSTEMS INC [E-FILE]

TENTATIVE RULING Defendant's motion to transfer venue is DENIED. Discussion The general rule is that the superior court in the county where the defendant resides at the commencement of the action is the proper court for trial. CCP § 395(a).

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

GUTIERREZ VS FIRE SPRINKLER SYSTEMS INC [E-FILE]

TENTATIVE RULING Defendant's motion to transfer venue is DENIED. Discussion The general rule is that the superior court in the county where the defendant resides at the commencement of the action is the proper court for trial. CCP § 395(a).

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

CINDA MICKOLS VS DR. MARK ANDREW LIKER, ET AL.

Further, where the complaint and record are silent as to the residence of one or more of the defendants, “the presumption is that the defendants are residents of the county wherein the action is commenced” and the burden of proof is on the party seeking to transfer venue that ALL defendants reside in a different county. (Id.) Here, the evidence shows that Lorraine Ash D.O.; Jeffrey Chen D.O.; Gary S.

  • Hearing

    Jan 06, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SHAZIA JABEEN VS. NAZIA IQBAL

The motion to transfer venue is granted. As the grounds for transfer are based on the commencement of the action in an improper court, Plaintiff shall pay the transfer fees. (Code Civ. Proc. § 399(a).) This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47.

  • Hearing

    Jan 06, 2021

  • Type

    Other

  • Sub Type

    Intellectual Property

SUNLAN-020105 LLC VS. DAVID VELASCO

The unopposed motion of Plaintiff Sunlan-020105, LLC to transfer venue of this action to the Superior Court of California, County of Sutter is GRANTED. Plaintiff commenced this action in Sacramento County based on the mistaken belief that the sole defendant, David Velasco ("Defendant"), was a resident of Sacramento County at the time the action was commenced. Plaintiff has subsequently learned that Defendant was a resident of Sutter County at the time the action was commenced.

  • Hearing

    Jan 06, 2021

  • Type

    Collections

  • Sub Type

    Collections

U.S. BANK, N.A., AS SECURITIES INTERMEDIARY FOR VIVA CAPITAL 3 L.P, ET AL. VS ESTATE OF ROLAND GLEN HOEFER, BY ITS EXECUTOR, ROLAND J. HOEFE

The Court further notes that Plaintiffs dispute that Defendant’s motion to dismiss operates to suspend this Court’s jurisdiction to decide other pending matters, but Plaintiffs’ dispute is a substantive one—Plaintiffs argue that Defendant has waived its right to transfer venue. Therefore, in an abundance of caution, the Court will continue the hearing on Plaintiffs’ motion for judgment on the pleadings and demurrer until after a determination is made on Defendant’s motion to dismiss on January 12, 2021.

  • Hearing

    Jan 06, 2021

BRITTANY E. GORMAN, ET AL. VS BMW OF NORTH AMERICA, LLC, ET AL.

(i) itself, now provides that a plaintiff may not voluntarily dismiss when there is a motion to transfer venue pending. (Civ. Proc. Code § 581(i)). It might reasonably be argued that a motion for forum nonconveniens is analogous to a motion to transfer venue given that they both relate to the propriety of the proper court for trial of the case, thus precluding a voluntary dismissal by analogy to CCP 581(i).

  • Hearing

    Jan 05, 2021

DAN MCLELLAN, ET AL. VS FCA US, LLC, ET AL.

Accordingly, the motion to transfer venue is GRANTED, and venue is ordered transferred to San Diego County.

  • Hearing

    Jan 04, 2021

MARCO SANTAMARIA VS V-T WEST, INC., ET AL.

Further, where the complaint and record are silent as to the residence of one or more of the defendants, “the presumption is that the defendants are residents of the county wherein the action is commenced” and the burden of proof is on the party seeking to transfer venue that all defendants reside in a different county. (Id.)

  • Hearing

    Dec 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MONICA R. SMITH VS BMW OF NORTH AMERICA, A DELAWARE LIMITED LIABILITY COMPANY LLC, ET AL.

.: 20STCV23821 Matter:Motion to Transfer Venue Moving Party:Defendants BMW of North America, LLC, and Indigo Blue & White Motorcars, LLC d/b/a BMW of Palm Springs Responding Party:Plaintiff Monica R. Smith Tentative Ruling:The Motion to Transfer Venue is denied. This is a lemon law matter. Defendants BMW of North America, LLC (“BMW”) and Indigo Blue & White Motorcars, LLC d/b/a BMW of Palm Springs (“Palm”) seek to transfer venue to Riverside County. (Code Civ.

  • Hearing

    Dec 22, 2020

SHANTE CHAPPELL VS THOMAS MILES PHILLIPS ET AL

Phillips in support of the motion to transfer venue filed in this case when it was in the Ventura court; #13, articles of incorporation for The Phillips Firm, APC, filed with the California Secretary of State on December 17, 2018; and #14, the statement of information that the corporation filed with the California Secretary of State on January 22, 2019. Chappell has not opposed the request.

  • Hearing

    Dec 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

DAVID MARCHART VS. SIERRA PACIFIC INDUSTRIES

The motion of Defendant Sierra Pacific Industries ("Defendant") to transfer venue of this action to the Superior Court of California, County of Shasta is GRANTED. This is an action for personal injuries allegedly sustained by Plaintiff David Marchart in Plumas County. Defendant is a corporation with its principal place of business in Shasta County. Based on these facts and relying on Code of Civ. Proc. § 395.5, Defendant contends venue is improper in Sacramento County and proper in Shasta County.

  • Hearing

    Dec 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SANDRA NORLUND, TRUSTEE OF THE NORLUND FAMILY TRUST DATED SEPTEMBER 15, 2000 VS RICHARD L. NORLUND, ET AL.

Conclusion: Defendants’ Motion to Transfer Venue to Butte County is DENIED, as are the Sanctions

  • Hearing

    Dec 14, 2020

  • Type

    Real Property

  • Sub Type

    other

JAMES MALONE, ET AL. VS GENERAL MOTORS, LLC

The Court DENIES Defendant’s motion to transfer venue and DENIES Defendant’s request for costs and fees as this motion is unsuccessful.

  • Hearing

    Dec 14, 2020

ELIZABETH REBECCA BRANDT VS CEDAR CONSTRUCTION AND DEVELOPMENT, INC., ET AL.

Superior Court (1987) 190 Cal.App.3d 1662, 1665 (“a motion to transfer venue based on witness convenience cannot be made before an answer is filed.”); De Long v. De Long (1954) 127 Cal.App.2d 373, 374 (“since no answer had been filed the trial court properly denied the motion made upon the ground of the convenience of witnesses.”); Delgado v.

  • Hearing

    Dec 10, 2020

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