Code of Civ. Proc. § 397(c) permits a transfer of venue when the convenience of witnesses and the ends of justice would be promoted by the change. To satisfy this test, the moving party must explain not only how a transfer would be convenient for witnesses, but also how it would promote justice. (Willingham v. Pecora (1941) 44 Cal.App.2d 289, 295.) Moving party makes no effort to explain how a transfer of venue would promote the ends of justice. Thus, Plaintiff fails to meet her burden. The Court finds Plaintiff has also failed to provide sufficient evidence and argument to support a conclusion that a transfer would be convenient for witnesses. Plaintiff merely provides her own declaration stating the name and purported location of various individuals she intends to call as witnesses. However, even assuming Plaintiff had presented facts demonstrating she has personal knowledge of the place of residence of the potential witnesses, evidence concerning the place of residence of witnesses
Hearing Date
June 17, 2020
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Code of Civ. Proc. § 397(c) permits a transfer of venue when the convenience of witnesses and the ends of justice would be promoted by the change. To satisfy this test, the moving party must explain not only how a transfer would be convenient for witnesses, but also how it would promote justice. (Willingham v. Pecora (1941) 44 Cal.App.2d 289, 295.) Moving party makes no effort to explain how a transfer of venue would promote the ends of justice. Thus, Plaintiff fails to meet her burden. The Court finds Plaintiff has also failed to provide sufficient evidence and argument to support a conclusion that a transfer would be convenient for witnesses. Plaintiff merely provides her own declaration stating the name and purported location of various individuals she intends to call as witnesses. However, even assuming Plaintiff had presented facts demonstrating she has personal knowledge of the place of residence of the potential witnesses, evidence concerning the place of residence of witnesses