Re: Joseph Alega v. Nadia Naz
Superior Court No. 17CECG01201
Hearing Date: Wednesday February 14, 2018 (Dept. 502 for 403)
Motions: Defendant Naz’s Motion for Transfer of Venue
Tentative Ruling:
To Grant, and to order Plaintiff to pay for the transfer within 30 days after service of notice of the transfer order. (Code Civ. Proc., § 399, subd. (a).)
Explanation:
Plaintiff seeks damages based upon personal injury and property damage. The action is therefore transitory. (Brown v. Sup.Ct. (1984) 37 Cal.3d 477, 482.) Venue is proper in Sacramento County, where Defendant resides. (Code Civ. Proc., § 395, subd. (a); see also Brown, supra, 37 Cal.3d at 483.)
The stipulation between the parties regarding this issue is adequate to meet moving party’s burden. (Roark Dec., filed: 1/12/18 Ex. A; see Mission Imports, Inc. v. Sup.Ct. (1982) 31 Cal.3d 921, 929.) Since the motion is based upon Code of Civil Procedure section 397, subdivision (a), Plaintiff is ordered to pay all costs associated with transfer. (Code Civ. Proc., § 399, subd. (a).)
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: DSB on 02/09/18
(Judge’s initials) (Date)