Case Name: Amezcua v. Vita-Pakt Citrus Products Co.
Case No.: BC624342
Matter: Defendant’s Motion to Change Venue


Tentative Ruling: Motion to change venue is granted.


Plaintiff Cruz Amezcua filed this wage and hour PAGA action against Defendant Vita-Pakt Citrus Products Co. The complaint seeks penalties for various wage and hour violations, including failure to provide meal and rest periods, failure to provide a rest day, failure to pay wages, inaccurate wage statements, and waiting time penalties.

Defendant moves to change venue to Fresno County pursuant to CCP §397(c), which permits the court to change the place of trial “When the convenience of witnesses and the ends of justice would be promoted by the change.” It is well settled that “The burden rests upon one who seeks a change of venue under [CCP § 397(c)], to prove that both the convenience of witnesses and the ends of justice will be promoted thereby. This he must do through affidavits which contain something more t