HENRY AGUILA VS FIRST AMERICAN TITLE INSURANCE COMPANY, ET AL.

Tentative Rulings

Case Number: *******0313 Hearing Date: September 29, 2022 Dept: SEC

AGUILA v. FIRST AMERICAN TITLE INSURANCE COMPANY

CASE NO.: *******0313

HEARING: 09/29/22

#1

TENTATIVE ORDER

Defendant FIRST AMERICAN TITLE INSURANCE COMPANY’s unopposed motion to transfer venue is GRANTED.

Moving Party to give Notice.

No Opposition filed as of September 27, 2022.

This breach of contract action was filed by Plaintiff HENRY AGUILA (“Plaintiff”) (pro per) on April 25, 2022.

Defendant FIRST AMENRICAN TITLE INSURANCE COMPANY (“Defendant”) moves to transfer this action from Los Angeles County to Santa Barbara County pursuant to CCP 397(a). Defendant argues Plaintiff’s claims are based on a Title Policy which was negotiated and issued in Santa Barbara, and the terms of which were litigated in Santa Barbara. Defendant further contends that the Santa Barbara Superior Court retained jurisdiction over the subject matter of this lawsuit.

“If a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of this action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred in the county where it is to be performed, unless there is a special contract in writing to the contrary.” (CCP 395(a).)

In support of its Motion, Defendant proffers the following evidence: the Tile Policy was negotiated, issued, and entered into in Santa Barbara; there is a related Settlement Agreement to be performed in Santa Barbara County; and the Santa Barbara Superior Court retained jurisdiction to enforce the Settlement Agreement. (See Egerer Decl., 4-5.)

For all of the reasons articulated above, this case belongs in Santa Barbara Superior Court. Defendant’s Motion is GRANTED. Also, pursuant to CCP 399(a), Plaintiff is ORDERED to pay Defendants all transfer costs and fees.

Defendant is ORDERED to submit a memorandum of costs within 20 days of the Court’s issuance of this ruling. Plaintiff is then ORDERED to pay Defendant all transfer costs and fees within 30 days of this Court’s issuance of a ruling on Defendant’s memorandum of costs.

Case Number: *******0313 Hearing Date: July 19, 2022 Dept: SEC

AGUILA v. FIRST AMERICAN TITLE INSURANCE COMPANY, et al.

CASE NO.: *******0313

HEARING: 7/19/22 @ 9:30 AM

JUDGE: OLIVIA ROSALES

#2

TENTATIVE RULING

Defendants Pico Rivera First Mortgage Investors, LP, Mortgage Co. of Santa Barbara, Inc., and Andrew Fuller’s unopposed motion to transfer case (change venue) to Santa Barbara Superior Court is GRANTED.

Moving Parties to give NOTICE.

Defendant Pico Rivera First Mortgage Investors, LP (“PRFMI”), Mortgage Co. of Santa Barbara, Inc., and Andrew Fuller move to transfer this action to the Santa Barbara Superior Court pursuant to CCP 396b(a).

“Upon the hearing of the motion [to change venue] the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.” (CCP 396b(a).)

PRFMI and Mortgage Co. are entitled to a change of venue on the causes of action against them because Defendants are governed by a contractual venue provision specifying that venue is proper exclusively in Santa Barbara Superior Court. Further, Fuller is entitled to a change of venue on the cause of action against him for intentional infliction of emotional distress because he resides in Santa Barbara County. (CCP 395(a); Carruth v. Superior Court (1978) 80 Cal.App.3d 215, 219-220; Cubic Corp. v. Superior Court (1986) 186 Cal.App.3d 622, 625.)

Accordingly, motion is GRANTED. Plaintiff failed to file any Opposition. The matter is transferred to Santa Barbara County. Plaintiff to bear all costs associated with the transfer.