Good cause appearing and based on the stipulation of the parties, the motion Defendant State of California Department of Corrections to transfer venue to the Superior Court of California, County of Fresno is GRANTED.
In any action for personal injuries or wrongful death where the State is a defendant, venue is proper in the county where the injury occurred. (Gov. Code § 955.2.) The parties stipulate this is an action for personal injury that occurred in Fresno County. Thus, venue is improper in Sacramento County and proper in Fresno County.
As the grounds for transfer are based on the commencement of the action in an improper court, Plaintiff shall pay transfer fees. (Code Civ. Proc. § 399(a).) Plaintiff shall pay the transfer fees within 30 days, or within such time as extended by Code of Civ. Proc. § 399 or by stipulation of the parties. 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.
Hearing Date
August 05, 2020
Category
Civil - Unlimited
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Good cause appearing and based on the stipulation of the parties, the motion Defendant State of California Department of Corrections to transfer venue to the Superior Court of California, County of Fresno is GRANTED.
In any action for personal injuries or wrongful death where the State is a defendant, venue is proper in the county where the injury occurred. (Gov. Code § 955.2.) The parties stipulate this is an action for personal injury that occurred in Fresno County. Thus, venue is improper in Sacramento County and proper in Fresno County.
As the grounds for transfer are based on the commencement of the action in an improper court, Plaintiff shall pay transfer fees. (Code Civ. Proc. § 399(a).) Plaintiff shall pay the transfer fees within 30 days, or within such time as extended by Code of Civ. Proc. § 399 or by stipulation of the parties. 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.