20-4383 National Transfer Venue 8/4/2002

Defendants Maralee Drew, et al. move for a change of venue and transfer the case filed by Plaintiff National Interstate Insurance Company against them to Placer County. Having read and considered the written motion, opposition, and reply, the court issues the following tentative ruling:

Defendants cite to Code of Civil Procedure sections 396b and 397(c).

Code of Civil Procedure section 396b states in part: “...if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court...”, the court may be transferred upon noticed motion.

Code of Civil Procedure section 397(a) provides that “The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court.”

“Where the action is commenced in the wrong venue, that section permits a defendant to move to transfer the action to the prop