Judge: Jon R. Takasugi, Case: 21STCV43575, Date: 2023-02-24 Tentative Ruling

Case Number: 21STCV43575    Hearing Date: February 24, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            The Court orders this matter transferred to a Limited Civil Jurisdiction Court.

On 11/30/2021, Plaintiff Sofia Shinas (Plaintiff) filed suit against Christian Croquenois, Christian Coquenois, and Cahuenga Veterinary Hospital, alleging general negligence.

            Plaintiff alleges that:

At all relevant times defendants CHRISTIAN CROQUENOIS aka CHRISTIAN COQUENOIS was a licensed veterinarian and defendant CAHUENGA VETERINARY HOSPITAL was a licensed veterinary premises. Defendants CROQUENOIS aka COQUENOIS and CAHUENGA VETERINARY HOSPITAL contracted to provide veterinary services to plaintiff SOFIA SHINAS for her female Chow Gracie's excessive vomiting. Defendants CROQUE NOIS aka COQUENOIS, and CAHUENGA VETERINARY HOSPITAL negligently breached the standard of care by failing to possess or to exercise that degree of knowledge and skill that would be possessed and exercised by a reasonably careful veterinarian or veterinary practice. In particular, among other failings, defendants CROQUENOIS aka COQUENOIS and CAHUENGA VETERINARY HOSPITAL failed to diagnose or to treat Gracie’s developing leukopenia and aspiration pneumonia resulting in Gracie's premature death.

            (Complaint p. 4.)

A matter may be reclassified as a limited civil action and transferred when “the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents...” and where the Court reasonably concludes that the verdict would “‘necessarily’ fall short” of the jurisdictional requirement of over $25,0000. (Walker v. Superior Court (1991) 53 Cal.3d 257, 262.)

Briefing regarding this transfer was ordered on January 25, 2023, to be filed by February 15, 2023.  This is unopposed.

Here, while the Court sympathizes with Plaintiff over the loss of her pet, under California law, dogs are considered personal property. (See Plotnik v. Meihaus (2013) 208 Cal.App.4th 1590.) Damages for injury or destruction of property are generally limited to the difference in the market value of the property before and after the harm is done. (See Wells v. Brown (1951) 97 Cal.App.2d 361.) Plaintiff alleges negligent treatment by a veterinarian, and thus may not recover any damages for emotional distress, pain and suffering, loss of companionship, or similar intangibles stemming from the loss of her pet. (Plotnik, supra, 208 Cal.App.4th at p. 1605, citing McMahon v. Craig (2009) 176 Cal.App.4th 1502.) As such, the Court finds that a recovery in excess of $25,000 is beyond the realm of reasonable possibility, and thus the verdict here would necessarily fall short of the jurisdictional requirement of over $25,000. (Walker, supra, 41 Cal.App. at p. 784.)

Based on the foregoing, the Court orders this matter transferred to a Limited Civil Jurisdiction Court.

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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