Motion to Transfer Case to Appropriate Court (Judge George V. Spanos)

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CASE NAME: ONN vs. ADAMIEC

HEARING ON MOTION FOR ORDER TRANSFERRING CASE TO APPROPRIATE COURT

FILED BY DAVID ADAMIEC

* TENTATIVE RULING: *

The motion to transfer venue to Solano County is granted.

Although the form complaint is poorly drafted and various boxes are checked as to why the Contra Costa Superior Court is the proper venue (see Section 7 of the form complaint), this?is belied by what does appear clear from the form complaint: (1) that this is a breach of contract complaint, and (2) that the claim relates to real property located in Solano County (see attachment BC-2 to the form complaint, including therein the copy of the contract(s) that apparently form the basis of the obligations alleged to have been breached, specifically the ?Lease to Purchase Option Agreement? and the ?Net Lease? which, inter alia, identify the property as 4860 East 2nd Street, Benecia [sic], California 94510.? The court takes judicial notice of the fact the city of Benicia is located in Solano County.? In Attachment BC-2, plaintiff states a number of allegations and then concludes ?This is a breach of The ?net lease? contract. Page 4 par. 7 maintenance, repairs and alteration Clause.?

Under CCP Section 392(a)(1), the superior court in the county where the real property that is the subject of the action is situated is the proper court for the trial of actions for injuries to real property. Moreover, under CCP Section 395(a), proper venue is in the superior court of the county where obligation is to be performed.? Under either authority, proper venue in this case is in the superior court of Solano County.

Accordingly, the Court orders as follows:

  • This action [Onn v. Adamiec, Contra Costa Superior Court Case No. MSL14-03930] is ordered transferred to the Superior Court of the State of California in and for the County of Solano.
  • All costs and fees of transfer required by CCP Section 399, and of filing the case in the court to which it is transferred, shall be paid by plaintiff within 14 calendar days of the date of mailing by this court of notice of this order. All pending hearings are dropped and this action shall not be further prosecuted in any court until transfer to the Superior Court of Solano County has been completed.
  • The clerk of this court is authorized to transfer all the pleadings and papers in this action to the clerk of the Superior Court of the State of California in and for the County of Solano upon payment of the required costs and fees.