Judge: John C. Gastelum, Case: 21-01237069, Date: 2022-09-27 Tentative Ruling

Motion for Reclassification

Ruling:  Off Calendar – no hearing will be held.   Defendant Traci A. Dokich (“Dokich”) moves to reclassify this action filed by Plaintiff Griffin Burke (“Plaintiff”) as a limited civil jurisdiction matter for all purposes on the grounds that the amount in controversy does not exceed $25,000.00. Defendants Kamryn Whitney Court Reporting (“KWCR”), Grace Kwahk, and Grace Kwahk, CSR, Inc. (the “Kwahk Defendants”) filed a Joinder to the Motion on August 4, 2022.

The Court notes Dokich was dismissed from this action on August 1, 2022. Though KWCR and the Kwahk Defendants filed a Joinder to the Motion, said Joinder is improper because KWCR and the Kwahk Defendants were required to bring any motion to reclassify within the time allowed to respond to the initial pleading, which they failed to do. (Code Civ. Proc., § 403.040(a).) KWCR and the Kwahk Defendants may file a motion for reclassification after the time to respond, but in that instance, they must show good cause for not seeking reclassification earlier. (Id., § 403.040(b)(2).) They have made no such showing here.

Given the above, the Court DENIES the Motion, without prejudice.

KWCR to give notice.