Case Number: BC708548 Hearing Date: November 27, 2018 Dept: 31

Defendants’ unopposed Motion to Transfer Action to San Bernardino Superior Court; Request for Award of Defendant’s Attorney’s Fees and Costs in the Amount of $3,585.00 is GRANTED, in part. Plaintiff is ordered to pay Defendants’ attorneys’ fees and costs in the amount of $310.00. Plaintiff is also ordered to pay the costs and fees associated with the transfer. Defendants’ Demurrer to Plaintiff’s Complaint is ordered OFF CALENDAR.

Defendants seek to transfer this action to San Bernardino County. “Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (CCP § 395(a).) Additionally, “[a]n action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city and county, or the county in which the city or local agency is situated.” (CCP § 394(a).)

“In cases with mixed causes of action, a motion for change of venue must be granted on the entire complaint if the defendant is entitled to a change of venue on any one cause of action.” (Brown, supra at 488.) “There is a presumption that the county in which the plaintiff chose to file the action is the proper county.” (Battaglia Enterprises, Inc. v. Superior Court of San Diego County (2013) 215 Cal.App.4th 309, 313–14.) “It is the moving defendant’s burden to demonstrate that the plaintiff’s venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.)

As argued by Defendants, Plaintiff has sued the County of San Bernardino for conduct occurring in detention facilities located in San Bernardino County. (Compl. ¶¶ 6-23.) Thus, San Bernardino County is the proper venue for this action.

“Where a defendant has made a proper showing of nonresidence, the burden is on the plaintiff to show that the case comes clearly within one of the statutory exceptions to the general rule that actions are triable in the place of the defendant’s residence.” (California State Parks Foundation v. Superior Court (2007) 150 Cal.App.4th 826, 833.) The unopposed motion is GRANTED in its entirety. This action is ordered transferred to San Bernardino County, California.

Defendants seek attorneys’ fees and costs of $3,585.00 purusant to Code of Civil Procedure section 396b(b). Defendants sought Plaintiff’s stipulation, which Plaintiff denied, and there was no legal basis for filing this action in Los Angeles County. (Wilcoxson Decl. ¶¶ 13-16.)

Defendants’ counsel attests to an hourly rate of $250.00 and attests to spending 9.6 hours on the motion, and anticipates spending 0.5 hours to review the opposition, 2.5 hours for the reply, and 1.5 hours for the hearing. (Wilcoxson Decl. ¶ 20.) Defendants’ counsel’s claimed hours are unreasonable. The instant action was clearly filed in the wrong court and the motion to transfer should not have taken an attorney of Wilcoxson’s experience more than an hour to complete. Furthermore, the motion is unopposed. The Court awards Defendants attorney’s fees and costs in the amount of $310.00.

Plaintiff shall also pay the costs and fees associated with the transfer. “If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees, including any expenses and attorney’s fees awarded to the defendant pursuant to Section 396b, shall be paid by the plaintiff before the transfer is made.” (CCP § 399(a).) Defendants’ Demurrer to Plaintiff’s Complaint is ordered OFF CALENDAR.

Defendants are ordered to give notice.