DIANA DUARTE ET AL VS. UBER TECHNOLGIES, INC. ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25622943 - September 2, 2026 Hearing date: September 2, 2026 Case number: CGC25622943 Case title: DIANA DUARTE ET AL VS. UBER TECHNOLGIES, INC. ET AL Case Number: | | CGC25622943 | Case Title: | | DIANA DUARTE ET AL VS. UBER TECHNOLGIES, INC. ET AL | Court Date: | | 2026-09-02 09:00 AM | Calendar Matter: | | MOTION TO TRANSFER | Rulings: | | On the Law & Motion/Discovery calendar for September 2, 2026, line 6. DEFENDANTS UBER TECHNOLGIES, INC., RAISER, LLC, RAISER-CA, LLC'S MOTION TO TRANSFER.

Defendants' (UBER TECHNOLOGIES, INC.; RAISER, LLC; RAISER-CA, LLC) motion to transfer venue to Kern County based on the convenience of witnesses and ends of justice is DENIED WITHOUT PREJUDICE. The motion is premature since Defendant Brandt has yet to answer the complaint or be defaulted. In Cholakian & Associates v. Superior Court (2015) 236 Cal.App.4th 361, 371, the court makes clear that all defendants must answer before considering a motion to transfer based on the convenience of witnesses "so that all issues are settled."

Defendant's argument that the court can still hear this motion because Defendant Brandt resides in Kern County fails. Assuming he still resides there, the policy favoring a defendant's right to defend in his/her county of residence is only part of the equation because all issues must be settled. "It is not difficult to foresee a case where a particular defendant's answer raises new and different issues from another defendant's answer, necessitating new and different witnesses, such as by raising a particular affirmative defense." (Cholakian, 236 Cal.App.4th at 371.)

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