Kiaysha Cooper v. Essex Property Trust

Month June 8, 2026 LAW AND MOTION CALENDAR PAGE 6 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________

02:00 PM 24-CIV-01928 KIAYSHA COOPER VS. ESSEX PROPERTY TRUST LINE 5

KIAYSHA COOPER ANDREW M. MORROW ESSEX PROPERTY TRUST ALI DELFOROUGH

PLAINTIFF KIAYSHA COOPER’S MOTION FOR TRANSFER OF VENUE

TENTATIVE RULING: DENIED

Plaintiff Kiaysha Cooper’s Motion for Transfer of Venue is DENIED.

The present motion is Plaintiff Kiaysha Cooper’s second motion for an order transferring this action to Orange County. The prior motion was denied, though Cooper has still failed to submit the proposed formal order as required. See Aug. 11, 2025 Minute Order.

Code of Civil Procedure section 1008 “specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.”

Code Civ. Proc., § 1008(e). The statue requires a party who originally moved for an order refused in whole or in part and who seeks the same order by subsequent motion to “show[] by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” Id. at subd. (b).

The present motion fails to address that Cooper has previously requested an order transferring venue and otherwise fails to comply with the requirements of Code of Civil Procedure section 1008. Accordingly, the motion is denied on that basis.

But it is also of note that the motion provides no authority for the transfer of venue (even though this issue was addressed in the prior Order), does not brief the application of Code of Civil Procedure Section 397 and appears to concede that venue is proper in San Mateo County under Code of Civil Procedure Section 395 because the defendant resides here.

Any party who contests a tentative ruling must email Dept11@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. Thereafter, defendant’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.