Judge: Daniel M. Crowley, Case: 22STCV18011, Date: 2022-10-06 Tentative Ruling

Case Number: 22STCV18011    Hearing Date: October 6, 2022    Dept: 28

Plaintiff Sarkis Ghazaryan’s Motion to Reclassify Unlimited Civil Case as Limited Civil Case

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On June 1, 2022, Plaintiff Sarkis Ghazaryan (“Plaintiff”) filed this action against Defendant Karla Nadine Kennedy (“Defendant”) for motor vehicle negligence and general negligence.

On July 12, 2022, Defendant filed an answer.

On August 12, 2022, Plaintiff filed a Motion to Reclassify Unlimited Civil Case as Limited Civil Case to be heard on October 6, 2022.

Trial is currently scheduled for November 29, 2023.

PARTY’S REQUESTS

Plaintiff requests the case be reclassified as a limited civil case.

LEGAL STANDARD

Under CCP §430.040(b), a party may request the Court reclassify an unlimited civil case as a limited civil case. The Court shall grant the motion if the case is incorrectly classified, and the moving party shows good cause for not seeking reclassification earlier.

DISCUSSION

Although Plaintiff identified that the amount in controversy “exceeds $10,000.00 but does not exceed $25,000.00” in the complaint, Plaintiff failed to check the box identifying the case as a limited civil case. The civil case cover sheet, however, identifies it as such. The case clearly is currently incorrectly classified, satisfying the first of the two elements.

Plaintiff was unaware that this case had been filed as an unlimited case until parties met and conferred on July 26, 2022, to discuss the number of interrogatories served upon Plaintiff. Plaintiff filed this motion within a few weeks of learning this information, satisfying the second element. The Court grants the motion.

CONCLUSION

Plaintiff Sarkis Ghazaryan’s Motion to Reclassify Unlimited Civil Case as Limited Civil Case is GRANTED. The case is reclassified as a limited civil case.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.