Jennifer Garcia v. Bakhtiyor Khushmamadov, et al.
Case Information
Motion(s)
Defendant U-Haul Co. of Arizona and Channara Thourk’s Motion to Transfer Action and for Sanctions; Defendant, Roman Toltoledo Gonzalez’s Motion to Change Venue
Motion Type Tags
Other · Motion for Sanctions
Parties
- Plaintiff: Jennifer Garcia
- Defendant: Bakhtiyor Khushmamadov
- Defendant: U-Haul Co. of Arizona
- Defendant: Channara Thourk
- Defendant: Roman Toltoledo Gonzalez
- Defendant: Claudia Elodia Antonio Blas
- Other: Berenice Perez Ramirez
- Other: Kevin Garcia Ramirez
Ruling
Jennifer Garcia v. Bakhtiyor Khushmamadov, et al.
Hearing date: April 24, 2026
MOTION (1): Defendant U-Haul Co. of Arizona and Channara Thourk’s Motion to Transfer Action and for Sanctions Pursuant to Code of Civil Procedure section 397, U-Haul Co. of Arizona (“UHAZ”) and Channara Thourk (“Thourk”) request transfer of this matter to the Superior Court in Kern County based on Monterey County not being the proper venue and the convenience of witnesses. UHAZ and Thourk further request sanctions pursuant to Code of Civil Procedure section 296b.
MOTION(2): Defendant, Roman Toltoledo Gonzalez’s Motion to Change Venue Pursuant to Code of Civil Procedure sections 395(a); 396b(a) and 397(a) Roman Toltoledo Gonzalez (“Gonzalez”) requests transfer of venue to the Superior Court in Kern County based on the underlying incident occurring in Kern County and venue in Monterey County not being proper.
REQUEST FOR JUDICIAL NOTICE: Defendants’ UHAZ and Thourk request for judicial notice of 25CUB01162, Tiocson v. Santy, et al.; 25CUB01076, Gutierrez v. Villaverde et al.; 26CUB00021, Greed v. Gonzalez et al. are GRANTED, pursuant to Evidence Code section 452(d).
BACKGROUND: A multiple car collision during a significant fog incident in Kern County underlies Plaintiff’s suit for wrongful death based on the death of Pedro Canseco, Plaintiff, Jennifer Garcia’s father.
DISCUSSION (1)(2) (Motions of Defendants UHAZ, Thourk and Motion of Defendant, Gonzalez are discussed together.): Pursuant to Code of Civil Procedure section 395 in an action for injury or wrongful death “the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” When the superior court in which the action is commenced is not the proper court, upon motion, a judge may transfer the case to the proper court.
Code of Civil Procedure section 396a(b). A court may transfer a case to another court “when the court designated in the complaint is not the proper court” or “when the convenience of witnesses and the ends of justice would be promoted by the change”. Code of Civil Procedure section 397. It is the moving party’s burden to establish these grounds for transfer. Lieberman v. Superior Court (1987) 194 Cal. App. 3d 396, 401. To sustain this burden a detailed declaration specifying the name of each witness, including their expected testimony is required.