Case Name: Robin Calder vs Todd Jarvis et al
Case No.: 18CV329258

Motion to sever claims and to change venue

The Court grants the motion to sever claims against Todd Jarvis is GRANTED. As to Todd Jarvis, the Court finds that this action was commenced in an improper court, as this case should have been filed in Placer County where Defendant resides, and the case is ordered transferred to Placer County. Moreover, there is a related action pending in Placer County between the same parties, and this matter should be tried with that action.

Plaintiffs shall pay the transfer fees, which include a transfer fee of $50 payable to Santa Clara County Superior Court, and initial filing fees charged by Sonoma County.

Calder’s request for fees is DENIED.

The Court finds that sanctions are appropriate under Code of Civil Procedure §396b(b), as offers to stipulate to transfer venue were refused. The Court finds that the selection of venue was not made in good faith, in light of the fact that an action was already pending in Placer County between the same parties on related issues, the Placer County court had already rejected Calder’s attempts to transfer that case to Santa Clara County, and Calder’s claims that Jarvis resides in Santa Clara County appear to be false, which calls into question the credibility of other statements made by her.

The Court does not award fees for time spent meeting and conferring or expenses not yet incurred. (See Tucker v. Pacific Bell Mobile Services (2010) 186 Cal.App.4th 1548, 1551.) Based on the finding of bad faith selection of venue, the Court orders payment to Defendant’s counsel of attorney fees of $3,780 (representing half of the amount stated that have or will be incurred), payable only by Plaintiffs’ counsel and not chargeable to Plaintiffs, per Code of Civil Procedure §396b(b). The fees and costs for the transfer and the award of sanctions shall be paid before the transfer is made.

The transfer shall be made 20 days after service of notice of entry of a signed order to allow time for a petition for writ of mandate to be filed, or upon denial of a writ if one is sought. (Code of Civ.Proc. §§399(a), 400.) The case may not be further prosecuted in any court until all fees and costs have been paid. ((Code of Civ.Proc. §§399(a).)

Moving party shall prepare the order and submit to opposing counsel for approval as to form per Rule 3.1312 before submission to the Court by electronic filing with an order cover sheet (EFS-020).