Motion to Transfer
23CV-04368 Tony Borba, et al. vs County of Merced, et al.
Motion to Transfer
The Department of Fish and Wildlife’s motion to transfer pursuant to Code of Civil Procedure section 394 is DENIED.
Code of Civil Procedure section 394 specifically excludes the State of California and its agencies from the code section. (Code Civ. Proc. § 394, subd. (b).) The Court is not aware of any authority, and none is provided, that supports the assertion CDFW may move to transfer a lawsuit initiated by a local government entity to another county pursuant to Code of Civil Procedure section 394.
Further, in the context of damages as we have here, when an action is commenced by a local government entity, Government Code section 955.3 applies. “Notwithstanding any provision of law, when a city, county, or city and county, or local agency is a plaintiff in an action or proceeding against the State of California, the action may be tried in any city or county, or city and county, where the city, county, or city and county, or local agency is situated.” (Gov. Code § 955.3.) Thus, transfer may only be ordered in accordance with Code of Civil Procedure section 397.
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