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Maria Ayala et al vs Ford Motor Company

Case Number

22CV04952

Case Type

Civil Law & Motion

Hearing Date / Time

Fri, 11/17/2023 - 10:00

Nature of Proceedings

Motion: Protective Order; Motion Compel

Tentative Ruling

In reviewing plaintiffs’ motion to compel, as well as defendant’s motion for a protective order, it appears that this case should have been filed in North County. “A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.” (Code Civ. Proc., § 395.5.) The plaintiff alleges that Ford Motor Company is a corporation with its registered office in the City of Los Angeles, Los Angeles County. (Complaint, ¶ 3.) That is the corporation’s “residence” for purposes of section 395.5. (See Rosas v. Superior Court (1994) 25 Cal.App.4th 671, 677.) That is the basis for venue given in the Civil Case Cover Sheet Addendum and does not support venue in South County. Because the plaintiffs are alleged to reside in Santa Maria (North County) (Complaint, ¶ 2), the liability as alleged appears to arise in Santa Maria. The matter should therefore be transferred to North County and the motions reset upon transfer unless the plaintiffs appear at the hearing and provide a factual basis for South County venue.

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