Judge John P. Doyle
Department 58
Hearing Date: January 29, 2020
Case Name: Kirkland v. Cancila, et al.
Case No.: 19STCV31787
Motion: Motion to Transfer Venue
Moving Party: Defendant Philip Cancila
Responding Party: Plaintiff Eric Kirkland
Tentative Ruling: The Motion to Transfer Venue is granted.
On September 9, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) breach of contract, (3) breach of covenant of good faith and fair dealing, and (4) declaratory relief.
Defendant Philip Cancila seeks to transfer venue to the County of Santa Clara where he resides.
Code Civ. Proc. § 395(a) states,
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. . . . Subject to subdivision (b), if a defendant has contracted to
Hearing Date
January 29, 2020
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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Judge John P. Doyle
Department 58
Hearing Date: January 29, 2020
Case Name: Kirkland v. Cancila, et al.
Case No.: 19STCV31787
Motion: Motion to Transfer Venue
Moving Party: Defendant Philip Cancila
Responding Party: Plaintiff Eric Kirkland
Tentative Ruling: The Motion to Transfer Venue is granted.
On September 9, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) breach of contract, (3) breach of covenant of good faith and fair dealing, and (4) declaratory relief.
Defendant Philip Cancila seeks to transfer venue to the County of Santa Clara where he resides.
Code Civ. Proc. § 395(a) states,
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. . . . Subject to subdivision (b), if a defendant has contracted to