Bruce Clemens vs Ramsey Asphalt Construction Corp et al
Case No: 17CV02771
Hearing Date: Fri Jun 01, 2018 9:30

Nature of Proceedings: Demurrer and Motion to Strike

TENTATIVE RULING:

As set forth below, good cause appearing, this matter is transferred to the Cook Division of the Santa Barbara County Superior Court (Santa Maria). The demurrer and motion to strike will be place on calendar in Santa Maria upon transfer.

In his first amended complaint, plaintiff Bruce Clemens asserts causes of action arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.)

In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendants attach a statement of information filed by Ramsey Asphalt which states that the principal place of business for Ramsey Asphalt is located in Santa Maria.

Both Lompoc and Santa Maria are located in North County. (Santa Barbara County Superior Court Local Rules, rule 201.) The appropriate venue for this action therefore appears to be in Santa Maria. (Santa Barbara County Superior Court Local Rules, rule 203.) Unless the parties appear for this hearing and show cause why this matter should not be transferred to Santa Maria, the court will order this matter transferred to Santa Maria. If the matter is transferred to Santa Maria, the demurrer and motion to strike will be placed on calendar following that transfer; if the transfer is denied, the court will continue the hearing on these matters to a date to be determined at the hearing.