Plaintiff’s Motion to Transfer Case to Appropriate Court
July 17, 2026 Law and Motion Calendar
HONORABLE MICHAEL L. MAU, Department 20 ________________________________________________________________________ 9:00 AM Line 6 24-CLJ-03780 LVNV FUNDING, LLC VS. JUAN LUIS AGUILERA
LVNV FUNDING, LLC STELLA PARK JUAN LUIS AGUILERA
Plaintiff’s Motion to Transfer Case to Appropriate Court [C.C.P. § 397]
TENTATIVE RULING:
Plaintiff’s Motion to Transfer Case to Appropriate Court (C.C.P. § 397), is GRANTED.
The Court reviewed Plaintiff’s Notice of Motion and Motion to Transfer Case to Appropriate Court, Memorandum of Points and Authorities in Support, and Declaration of Counsel in Support all filed on July 2, 2026. There is no opposition.
The Court also reviewed the July 26, 2024 Declaration of Non-Service filed by Plaintiff’s process server, indicating the named defendant is no longer residing at a last known address in Redwood City, CA. The Declaration of Counsel and Exhibit 1 is a confirmation from the Post Office that Defendant has moved and is receiving mail at an address located in Los Angeles County.
Code of Civil Procedure Section 395(a) provides, generally, that the court in the county where the defendant resides at the time the action is filed is the proper court for trial of the action. Plaintiff has now demonstrated that this is not the proper county for this matter to be heard, and that Los Angeles County is the proper county.
Accordingly, the motion is GRANTED. As the motion is unopposed, the Court will utilize the proposed Order that was submitted with the motion.
Any party who contests a tentative ruling must email Dept20@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
If the tentative ruling is uncontested, it shall become the order of the Court by Minute Order.
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