2012-00137266-CU-PO

Wardell Banks vs. 24 Hour Fitness

Nature of Proceeding:   Motion to Transfer Action to Limited Jurisdiction

Filed By:  Nick, Jack C.

Defendant 24 Hour Fitness, Inc.’s motion to transfer action to court of limited
jurisdiction is DENIED without prejudice.

Defendant move to transfer pursuant to CCP §396(b).  The Court notes, however, that
CCP §396(b) is inapplicable as it pertains to the transfer of a petition or appeal to the
court of appeal or Supreme Court.

Defendant appears to be relying on CCP §396a(b).  However, that section applies to
actions involving installment or automotive sales, consumer obligations, or unlawful
detainer.  The instant action is one for personal injuries.

Defendant’s reliance upon Walker v. Sup. Ct (1991) 53 Cal.3d 257 for the proposition
that the Court can transfer a case by showing that a recovery of more than $25,000 is
“virtually impossible” is misplaced.  Walker is based upon the former version of CCP              section 396 which governed the transfer of cases from superior court to municipal
court.

As Defendant has not proffered valid legal authority for its motion, the motion is
DENIED without prejudice.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The notice of motion does not provide notice of the Court’s tentative ruling system, as
required by Local Rule 1.06(A).  Defendant’s counsel is directed to contact Plaintiffs’
counsel forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative
ruling procedure.  If Defendant’s counsel is unable to contact Plaintiffs’ counsel prior to
hearing, Defendant’s counsel shall be available at the hearing, in person or by
telephone, in the event opposing party appears without following the procedures set
forth in Local Rule 1.06(A).