[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO TRANSFER VENUE AND TO STRIKE PORTIONS OF THE COMPLAINT; GRANTED IN PART
On September 10, 2018, Plaintiffs Howard Schomer and Imelda de Campo (collectively, “Plaintiffs”) filed this action against Defendant Angelique Renee Mahan (“Defendant”) for motor vehicle and general negligence arising out of a September 25, 2016 automobile accident. Defendant moves to transfer venue to Ventura County and to strike portions of the Complaint.
“Generally, the filing of a motion for change of venue operates as a supersedeas or stay of proceedings, and the court cannot rule on other substantive issues while the motion for change of venue is pending.” (Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1303-1304; Moore v. Powell (1977) 70 Cal.App.3d 583, 587 [“It has been stated that the filing of the motion ‘suspends the power of the trial court to act upon any other question until the motion has been determined.’ [Citation.]”]; Pickwick Stages System v. Super
Hearing Date
January 23, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO TRANSFER VENUE AND TO STRIKE PORTIONS OF THE COMPLAINT; GRANTED IN PART
On September 10, 2018, Plaintiffs Howard Schomer and Imelda de Campo (collectively, “Plaintiffs”) filed this action against Defendant Angelique Renee Mahan (“Defendant”) for motor vehicle and general negligence arising out of a September 25, 2016 automobile accident. Defendant moves to transfer venue to Ventura County and to strike portions of the Complaint.
“Generally, the filing of a motion for change of venue operates as a supersedeas or stay of proceedings, and the court cannot rule on other substantive issues while the motion for change of venue is pending.” (Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1303-1304; Moore v. Powell (1977) 70 Cal.App.3d 583, 587 [“It has been stated that the filing of the motion ‘suspends the power of the trial court to act upon any other question until the motion has been determined.’ [Citation.]”]; Pickwick Stages System v. Super