Judge: David A. Rosen, Case: 22GDCV01008, Date: 2023-05-05 Tentative Ruling

Case Number: 22GDCV01008    Hearing Date: May 5, 2023    Dept: E

Hearing Date: 05/05/2023 – 8:30am
Case No.  22GDCV01008
Trial Date: UNSET
Case Name: MIKAYEL BADALYAN, ESQ., an indiv.; v. NR DEVELOPMENT, INC., a California corporation

TENTATIVE RULING ON MOTION TO RECLASSIFY 

Moving Party: Defendant, NR Development, Inc.

Responding Party: Plaintiff, Mikayel Badalyan

Proof of Service Timely Filed (CRC Rule 3.1300): Ok
16/21 Court Days Lapsed (CCP 1005(b)):Ok
Proper Address: Yes/No – The Proof of Service for the moving papers included a zip code of 91206; however, on eCourt, the zip code for Plaintiff is indicated as 91205. Further, the Proof of Service for the moving papers indicated the motion was served to Suite 205; however, on eCourt, the suite number is listed as Suite 204. While there appear to be defects in the address that was served to Plaintiff, Plaintiff submitted an Opposition.

Opposition and Reply Submitted

Moving Papers: Notice of Motion/Memo; Proposed Order submitted on 1/30/2023; Proposed Order submitted on 1/31/2023

Opposition Papers: Opposition

Reply Papers: Reply

RELIEF REQUESTED 

Defendant, NR Development, Inc., moves for an order reclassifying the above-entitled action from unlimited to limited jurisdiction, based on the lack of jurisdiction of the unlimited court of the above-entitled action.

This motion is brought pursuant to CCP §§85, 86, 88, and 403.040 on the grounds that the amount of controversy, as stated on the face of the complaint in this action, is less than $25,000, and thus it has been improperly classified as an unlimited jurisdiction action.

TENTATIVE RULING

The hearing on the instant motion, Defendant’s Motion to Reclassify, is continued to 06/02/2023, which is the date of the hearing on Plaintiff’s Motion for Leave to file a First Amended Complaint. Further, the Case Management Conference now set for 5/16/23, is advanced and continued to 06/02/2023 @8:30 a.m. in Dept. NC E.